Case: Thompson v. Rizzitelli

3:10-cv-00071 | U.S. District Court for the District of Connecticut

Filed Date: Jan. 15, 2010

Closed Date: Sept. 29, 2015

Clearinghouse coding complete

Case Summary

On January 15, 2010, an individual plaintiff filed suit in the U.S. District Court for the District of Connecticut against the Derby Democratic Town Committee (DDTC) and several individuals. He claimed the defendants conspired to exclude him from fair competition for the Democratic nomination of Mayor of Derby on the basis of his race and alleged violations of the First, Ninth, Fourteenth, and Fifteenth Amendments, 42 U.S.C. §§ 1983, 1985(3), and 1986 as well as the § 2 of the Voting Rights Act…

On January 15, 2010, an individual plaintiff filed suit in the U.S. District Court for the District of Connecticut against the Derby Democratic Town Committee (DDTC) and several individuals. He claimed the defendants conspired to exclude him from fair competition for the Democratic nomination of Mayor of Derby on the basis of his race and alleged violations of the First, Ninth, Fourteenth, and Fifteenth Amendments, 42 U.S.C. §§ 1983, 1985(3), and 1986 as well as the § 2 of the Voting Rights Act. This action was filed and initially litigated pro se, and the plaintiff primarily sought damages. The plaintiff acquired private counsel after his bankruptcy issues affected this case.The case was assigned to Judge Janet Bond Arterton.

On March 9, 2010, the plaintiff filed a motion for prejudgment remedy against defendant Sexton in the amount of $500,000.The motion was referred to Magistrate Judge Joan Glazer Margolis. The defendant did not attend the hearing, and a ruling granting the remedy was issued in the amount of $42,000. The plaintiff also filed several motions for prejudgment remedy against defendant Robinson for the amount of $300,000. The motions were stayed pending Judge Arterton’s ruling on the defendants' motion to dismiss, but ultimately Magistrate Judge Glazer denied the motions for prejudgment remedy against defendant Robinson on October 14, 2011, after an evidentiary hearing about a “heated argument” between the parties. The court found a lack of evidence that the argument was connected to the denial of the plaintiff’s right to association and other claims or had anything to do with the plaintiff's race. 2011 WL 4899750.

The defendants filed a motion to dismiss for lack of jurisdiction on July 2, 2010, on the basis that the DDTC was not a state actor and could not be held liable under § 1983 and that the individual defendants did not act under color of state law. They argued that a private entity like DDTC was only a quasi-public agency and state actor when that private entity was subject to “virtually day-to-day government supervision.” The plaintiff argued that DDTC and its members were state actors because they were acting under statutory authority which allowed party leadership to select nominees for elections. On March 29, 2011, Judge Arterton granted in part and denied in part the motion to dismiss, allowing the plaintiff to proceed on claims related to the discriminatory elimination of plaintiff’s opportunity to compete for the party endorsement made possible by state statute, which included a First Amendment right to association, Fourteenth Amendment due process and equal protection rights, and Fifteenth Amendment right to vote. The court dismissed his First Amendment right to free speech claim, holding that DDTC members were exercising their own First Amendment rights by barring the plaintiff from speaking at its meetings, which did not constitute a public function pursuant to state regulation. Similarly, the complaint did not reveal any state action with respect to the plaintiff’s First Amendment right to petition for redress and right to assembly claims or Voting Rights Act claim.The additional claims were dismissed because this was not a Presidential or Congressional election. 2011 WL 1215190.

On May 4, 2011, defendant Rizzitelli filed a motion to remand the case to state court based on counterclaims he filed against the plaintiff. Also on May 4, 2011, the plaintiff filed a motion for summary judgment against defendant Sexton. On June 18, 2011, the plaintiff filed a motion for summary judgment against three individual defendants based on a nine-day delay in filing their answer and affirmative defenses. The court did not find that this delay rose to the level of egregious conduct that would warrant summary judgment.

The parties engaged in highly contentious discovery, which included several motions for discovery and resulted in sanctions. On January 13, 2012, Magistrate Judge Margolis granted in part defendant Rizzitelli’s second motion to compel discovery. The court required the plaintiff to produce documents related to his finances but not connected to his spouse.

On January 19, 2012, the court was informed for the first time that the plaintiff had filed for bankruptcy without filing notice with the court, which led to the court issuing a stay of all motions pending before the court on February 8, 2012. Magistrate Judge Margolis continued a stay of litigation due to the plaintiff’s bankruptcy proceedings on June 4, 2012. 2012 WL 1987179

After the case was reassigned to Judge Michael P. Shea, the court admonished the plaintiff for failure to comply with discovery requests and ordered the plaintiff to provide full and complete responses to the subject requests within two weeks on March 26, 2013.

The court denied the defendant’s renewed motion for order of dismissal on May 16, 2013, finding that the plaintiff did not have sufficient notice that the action could be dismissed for his failure to comply with discovery requests. The plaintiff was ordered to pay $5,975 of defendants’ attorney fees on July 19, 2013 for expenses related to filing a renewed motion to dismiss.

The case was referred to Magistrate Judge William I. Garfinkel for a settlement conference on September 3, 2013. On August 25, 2014, the plaintiff submitted a motion for voluntary dismissal against five individual defendants, which the court granted the next day. The court also dismissed the action against defendant Sexton on September 15, 2015, finding that he was never adequately served. The plaintiff had been notified a year earlier that service was insufficient since he personally served the defendant in violation of Fed. R. Civ. P. 4(m).

The remaining defendants continued to litigate and a one-day jury trial was held on September 29, 2015. The jury returned a verdict that same day for the defendants.

The defendant appealed to the Second Circuit on October 27, 2015. His appeal was denied without prejudice on July 7, 2017 for failure to provide the court with transcripts. The plaintiff took no further action. This case is now closed.

Summary Authors

Robin Peterson (5/25/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4201445/parties/thompson-v-rizzitelli/


Judge(s)
Attorney for Plaintiff

Dinhofer, Philip J. (Connecticut)

Gershbaum, Charles (Connecticut)

Attorney for Defendant

Biggerman, Mark W. (Connecticut)

Carlin, William A. (Connecticut)

Harris, Joan K. (Connecticut)

show all people

Documents in the Clearinghouse

Document
1

3:10-cv-00071

Complaint

Jan. 15, 2010

Jan. 15, 2010

Complaint
26

3:10-cv-00071

Amended Complaint

June 18, 2010

June 18, 2010

Complaint
74

3:10-cv-00071

Ruling on Motion to Dismiss

March 29, 2011

March 29, 2011

Order/Opinion

2011 WL 2011

133

3:10-cv-00071

Ruling on Plaintiff's Applications for Prejudgment Remedy Against Defendant Christine Robinson

Oct. 14, 2011

Oct. 14, 2011

Order/Opinion

2011 WL 2011

172

3:10-cv-00071

Electronic Endorsement Denying Plaintiff's Motion for Summary Judgment Against Defendants John Orazietti, Ron Sill AND Joyce Sill (Dkt. #93) and Plaintiff's Motion to Strike Answer to Amended Complaint by Defendants John Orazietti, Ron Sill and Joyce Sill (Dkt. #101)

Jan. 13, 2012

Jan. 13, 2012

Order/Opinion

2012 WL 2012

176

3:10-cv-00071

Order Administratively Closing File Due to Plaintiff's Bankruptcy

Feb. 8, 2012

Feb. 8, 2012

Order/Opinion
210

3:10-cv-00071

Ruling and Order

May 16, 2013

May 16, 2013

Order/Opinion
314

3:10-cv-00071

Summary Order

U.S. Court of Appeals for the Second Circuit

July 7, 2017

July 7, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4201445/thompson-v-rizzitelli/

Last updated March 6, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Joyce Sill, Paul Varsanik, Jr, John Orazietti, Derby Democratic Town Committee, Sam Rizzitelli, Shelia Parizo, Sandy Watson, James Watson, Dan Sexton, Anita Duggatto, Christine Robinson, Ronald Sill ( Filing fee $ 350 receipt number B019133), filed by Mel Thompson.(Payton, R.) (Entered: 01/21/2010)

Jan. 15, 2010

Jan. 15, 2010

Clearinghouse
2

Order on Pretrial Deadlines: Motions to Dismiss due on 4/15/2010. Amended Pleadings due by 3/16/2010 Discovery due by 7/17/2010 Dispositive Motions due by 8/16/2010. Signed by Judge Janet Bond Arterton on 1/15/10. (Payton, R.) (Entered: 01/21/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER

Summons Issued as to Joyce Sill, Paul Varsanik, Jr, John Orazietti, Derby Democratic Town Committee, Sam Rizzitelli, Shelia Parizo, Sandy Watson, James Watson, Dan Sexton, Anita Duggatto, Christine Robinson, Ronald Sill. (Payton, R.)

Jan. 15, 2010

Jan. 15, 2010

PACER
3

NOTICE of Appearance by John P. Sponheimer on behalf of Joyce Sill, Ronald Sill AND John Orazietti (Sponheimer, John) FILERS Modified on 2/17/2010 (Bauer, J.). (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
4

NOTICE of Appearance by John P. Sponheimer on behalf of John Orazietti AND Joyce Sill, Ronald Sill (Sponheimer, John) FILERS Modified on 2/17/2010 (Bauer, J.). (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
5

MOTION for Prejudgment Remedy against Dan Sexton by Mel Thompson. (Brown, S.) (Entered: 03/10/2010)

March 9, 2010

March 9, 2010

PACER
6

AFFIDAVIT re 5 MOTION for Prejudgment Remedy Signed By Mel Thompson filed by Mel Thompson. (Brown, S.) (Entered: 03/10/2010)

March 9, 2010

March 9, 2010

PACER
7

Memorandum in Support re 5 MOTION for Prejudgment Remedy filed by Mel Thompson. (Brown, S.) (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

PACER
8

ORDER REFERRING CASE to Magistrate Judge Joan G. Margolis for Ruling on 5 MOTION for Prejudgment Remedy. Signed by Judge Janet Bond Arterton on 3/12/2010. Motions referred to Joan G. Margolis(Kelsey, N.) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

PACER
9

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. An Evidentiary Hearing on 5 Motion for Prejudgment Remedy is set for 6/14/2010 - 6/16/2010 at 10:00 AM in Courtroom Five, 141 Church Street, New Haven, CT before Judge Joan G. Margolis (Rodko, B.) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

PACER

Reset Deadlines as to 5 MOTION for Prejudgment Remedy. Motion Hearing set for 6/14/2010 10:00 AM in Courtroom Five, 141 Church Street, New Haven, CT before Judge Joan G. Margolis (Rodko, B.)

March 25, 2010

March 25, 2010

PACER
10

ELECTRONIC ORDER -- Once defendants have filed pro se appearances or appearances by counsel, the parties and counsel shall contact this Magistrate Judge's Chambers to arrange a telephonic status conference. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. Signed by Judge Joan G. Margolis on 4/6/10. (Margolis, Joan) (Entered: 04/06/2010)

April 6, 2010

April 6, 2010

PACER
11

NOTICE of Appearance by Elio C.C. Morgan on behalf of Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson (Morgan, Elio) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

PACER
12

MOTION for Security for Costs by Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson. (Morgan, Elio) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

PACER
13

ORDER granting 12 Motion for Security for Costs. The defendants having made application to the Clerk of Court for an order requiring the plaintiff to deposit or file a bond with sufficient surety in the sum of $500.00 pursuant to Local Rule 83.3(a) of the Rules of Civil Procedure for the United States District of Connecticut, it is ORDERED that the plaintiff herein file a bond as security for costs in this action within thirty (30) days from this date. Signed by Clerk on 4/20/2010. (Kelsey, N.) (Entered: 04/20/2010)

April 20, 2010

April 20, 2010

PACER
15

OBJECTION to Derby Defendants 12 MOTION for Security for Costs filed by Mel Thompson. (Attachments: # 1 Memorandum in Support)(Kelsey, N.) (Entered: 05/03/2010)

April 30, 2010

April 30, 2010

PACER
14

NOTICE of Appearance by Elio C.C. Morgan on behalf of Derby Democratic Town Committee (Morgan, Elio) (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

PACER
16

Notice and Proposed REPORT of Rule 26(f) Planning Meeting. (Kelsey, N.) (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

PACER

Notice of Electronic Calendar - A telephonic scheduling conference will be held on May 19, 2010 at 2:00 p.m. before Hon. Janet Bond Arterton. Defense counsel shall initiate the conference call to chambers: 203-773-2456. (Tooker, A.)

May 4, 2010

May 4, 2010

PACER
17

MOTION for Extension of Time (35 days) until June 9, 2010 for filing motions to dismiss by Derby Democratic Town Committee, Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson. (Payton, R.) (Entered: 05/04/2010)

May 4, 2010

May 4, 2010

PACER
18

ORDER granting 17 Motion for Extension of Time, with consent, to 6/9/10. Signed by Judge Janet Bond Arterton on 5/6/10. (Tooker, A.) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
19

Minute Entry for proceedings held before Judge Joan G. Margolis: Telephonic Status Conference held on 5/19/2010. Time: 5 minutes (Rodko, B.) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

PACER
22

Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephone Scheduling Conference held on 5/19/2010. Total Time: 1 hours(Court Reporter S. Montini.) (Torday, B.) (Entered: 05/26/2010)

May 19, 2010

May 19, 2010

PACER
20

SCHEDULING ORDER: Pre-Filing Conference set for 6/8/2010 at 09:00 AM before Judge Janet Bond Arterton; Telephonic Status Conference set for 9/2/2010 at 11:00 AM before Judge Janet Bond Arterton; Discovery due by 12/1/2010; Dispositive Motions due by 1/2/2011; Trial Ready Date 6/1/2011; Joint Trial Memorandum due by 1/15/2011; Second Telephonic Status Conference set for 11/16/2010 at 03:00 PM before Judge Janet Bond Arterton. Signed by Judge Janet Bond Arterton on 5/20/2010. (Kelsey, N.) (Entered: 05/21/2010)

May 20, 2010

May 20, 2010

PACER
21

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. PRO SE FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Janet Bond Arterton on 5/20/2010. (Kelsey, N.) (Entered: 05/21/2010)

May 20, 2010

May 20, 2010

PACER
28

Minute Entry for proceedings held before Judge Vanessa L. Bryant: TELEPHONE Pre-Filing Conference held on 6/8/2010. and 35 minutes(Court Reporter Sharon Montini.) (torday, B.) (Entered: 06/22/2010)

June 8, 2010

June 8, 2010

PACER
23

SCHEDULING ORDER: Amended Pleadings due by 6/18/2010; Motion to Dismiss due by 7/2/2010. Signed by Judge Janet Bond Arterton on 6/9/2010. (Kelsey, N.) (Entered: 06/10/2010)

June 10, 2010

June 10, 2010

PACER
24

Minute Entry. Proceedings held before Judge Joan G. Margolis: re 5 MOTION for Prejudgment Remedy filed by Mel Thompson. Taking under advisement 5 Motion for Prejudgment Remedy; Motion Hearing held on 6/14/2010 26 minutes(Court Reporter FTR.) (Gutierrez, Y.) (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

PACER
25

RULING granting in part in the amount of $42,000, 5 Motion for Prejudgment Remedy. Signed by Magistrate Judge Joan G. Margolis on 6/18/10. (Pesta, J.) (Entered: 06/18/2010)

June 18, 2010

June 18, 2010

RECAP
26

AMENDED COMPLAINT against Derby Democratic Town Committee, Anita Duggatto, John Orazietti, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Dan Sexton, Joyce Sill, Ronald Sill, Paul Varsanik, Jr, James Watson, Sandy Watson, filed by Mel Thompson.(Thompson, Mel) (Entered: 06/18/2010)

June 18, 2010

June 18, 2010

Clearinghouse
27

MOTION for Order re 15 plaintiff's objection to 13 Order re security for cost re 12 Motion for Security for Costs by Derby Democratic Town Committee, Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson. (Attachments: # 1 Exhibit)(Morgan, Elio) (Attachment 1 replaced on 6/22/2010) (Kelsey, N.). Modified on 6/22/2010 to create link to underlying document and to fix pdf of attachment (Kelsey, N.). Modified on 6/22/2010 to correct docket entry text (Kelsey, N.). (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

PACER
29

OBJECTION re 27 MOTION for plaintiff's objection to security for cost Order, 15 Objection filed by Mel Thompson. (Thompson, Mel) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

PACER
30

MOTION for Prejudgment Remedy Against Chris Robinson by Mel Thompson. (Attachments: # 1 Memorandum in Support)(Thompson, Mel) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

PACER
31

ORDER REFERRING CASE to Magistrate Judge Joan G. Margolis for ruling on pending motions including 30 MOTION for Prejudgment Remedy Against Chris Robinson. Signed by Judge Janet Bond Arterton on 6/28/2010. Motions referred to Joan G. Margolis(Kelsey, N.) (Entered: 06/29/2010)

June 28, 2010

June 28, 2010

PACER
32

MOTION to Dismiss for Lack of Jurisdiction by Derby Democratic Town Committee, Anita Duggatto, John Orazietti, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Joyce Sill, Ronald Sill, Paul Varsanik, Jr, James Watson, Sandy Watson.Responses due by 7/23/2010 (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Morgan, Elio. (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
33

MOTION to Stay re 30 MOTION for Prejudgment Remedy Against Chris Robinson by Christine Robinson.Responses due by 7/23/2010 Motions referred to Joan G. Margolis(Morgan, Elio) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
34

MOTION for Declaratory Judgment by Mel Thompson.Responses due by 7/29/2010 (Attachments: # 1 Memorandum in Support)M(Thompson, Mel). (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
35

MOTION for EVIDENTIARY HEARING ON DEFENDANTS STATUS AS STATE ACTORS Order, MOTION for Judgment as a Matter of Law (Responses due by 7/29/2010, ) by Mel Thompson. Thompson, Mel). (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
36

OBJECTION re 35 MOTION for EVIDENTIARY HEARING ON DEFENDANTS STATUS AS STATE ACTORS Order MOTION for Judgment as a Matter of Law, 34 MOTION for Declaratory Judgment filed by Derby Democratic Town Committee, Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson. (Attachments: # 1 Memorandum in Support)(Morgan, Elio) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
37

OBJECTION re 32 MOTION to Dismiss for Lack of Jurisdiction filed by Mel Thompson. (Attachments: # 1 Memorandum in Support)(Thompson, Mel) (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

PACER
38

RESPONSE re 36 Objection to 35 MOTION for EVIDENTIARY HEARING ON DEFENDANTS STATUS AS STATE ACTORS, filed by Mel Thompson. (Thompson, Mel) Modified on 7/30/2010 to create link to underlying document (Kelsey, N.). (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

PACER
39

OBJECTION re 33 MOTION to Stay re 30 MOTION for Prejudgment Remedy Against Chris Robinson filed by Mel Thompson. (Thompson, Mel) (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

PACER
40

ORDER granting 33 Motion to Stay with conditions - SEE ATTACHED ELECTRONIC ENDORSEMENT ORDER. Signed by Judge Joan G. Margolis on 08/19/2010. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE.(Watson, M.) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

PACER

Notice of Electronic Calendar - The parties' telephonic status conference has been rescheduled to November 1, 2010 at 4:00 p.m. Status report shall be electronically filed by October 25, 2010.(Tooker, A.)

Aug. 25, 2010

Aug. 25, 2010

PACER
41

ORDER REFERRING CASE to Magistrate Judge Joan G. Margolis for ruling on motions including 27 MOTION for plaintiff's objection to security for cost Order, 34 MOTION for Declaratory Judgment, 35 MOTION for EVIDENTIARY HEARING ON DEFENDANTS STATUS AS STATE ACTORS Order, MOTION for Judgment as a Matter of Law. Signed by Judge Janet Bond Arterton on 8/20/2010. Motions referred to Joan G. Margolis(Kelsey, N.) (Entered: 08/26/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
42

ELECTRONIC ORDER -- Plaintiff's Objection, filed 4/30/10 (Dkt. #15; see also Dkts. ##12-13) is overruled. See Thompson v. Mexico Construction, LLC, 06 CV 680 (RNC)(DFM). THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. Signed by Judge Joan G. Margolis on 8/26/10. (Margolis, Joan) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
43

ELECTRONIC ORDER granting 27 Motion for Order, to the extent that an electronic order was filed today regarding Dkt. #15. See Dkt. #42. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. Signed by Judge Joan G. Margolis on 8/26/10.(Margolis, Joan) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
44

ELECTRONIC ORDER denying 34 Motion for Declaratory Judgment, denying 35 Motion for Order, and denying 35 Motion for Judgment as a Matter of Law, without prejudice to renew, after Judge Arterton rules upon the pending Motion to Dismiss (Dkt. #32). THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. Signed by Judge Joan G. Margolis on 8/26/10. (Margolis, Joan) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
45

NOTICE OF COMPLIANCE WITH PRETRIAL ORDER by Christine Robinson re 40 Order on Motion to Stay (Morgan, Elio) (Entered: 09/01/2010)

Sept. 1, 2010

Sept. 1, 2010

PACER
46

MOTION for Extension of Time until NOVEMBER 15, 2010 TO FILE BOND PURSUANT TO LOCAL RULE 83.3 (B) 29 Objection, 13 Order on Motion for Security for Costs,, 42 Order, 15 Objection by Mel Thompson. (Thompson, Mel) (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

PACER
47

ELECTRONIC ORDER granting 46 Motion for Extension of Time until 11/16/10. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. Signed by Judge Joan G. Margolis on 9/14/10. (Margolis, Joan) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
48

MOTION to Stay Discovery by Derby Democratic Town Committee, Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson.Responses due by 10/7/2010 (Morgan, Elio) (Entered: 09/16/2010)

Sept. 16, 2010

Sept. 16, 2010

PACER
49

OBJECTION re 48 MOTION to Stay Discovery, 20 Scheduling Order, filed by Mel Thompson. (Attachments: # 1 Memorandum in Support)(Thompson, Mel) (Entered: 09/19/2010)

Sept. 19, 2010

Sept. 19, 2010

PACER
50

ORDER REFERRING CASE to Magistrate Judge Joan G. Margolis for for all discovery purposes including 48 MOTION to Stay Discovery. Signed by Judge Janet Bond Arterton on 9/17/2010. Motions referred to Joan G. Margolis(Kelsey, N.) (Entered: 09/21/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
51

Notice of Calendar - Oral Argument on Motion to Dismiss will be held on October 20, 2010 at 9:00 a.m. in Courtroom Two, 141 Church St., New Haven, CT before Judge Janet Bond Arterton. (Tooker, A.) (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

PACER
52

ORDER granting 48 Motion to Stay until November 19, 2010, without prejudice to defendants seeking an extension for the reasons stated in the attached Electronic Order.(SEE ATTACHED ORDER). Signed by Judge Joan G. Margolis on 10/06/2010. (Watson, M.) (S-Gutierrez, Y.). (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER
53

Docket Entry Correction re 52 Order on Motion to Stay, Entry modified to attach PDF to document #52. (S-Gutierrez, Y.) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER
54

Minute Entry for proceedings held before Judge Janet Bond Arterton: Motion Hearing held on 10/20/2010 re 32 MOTION to Dismiss for Lack of Jurisdiction filed by Derby Democratic Town Committee, Sandy Watson, Ronald Sill, Sam Rizzitelli, James Watson, Christine Robinson, Shelia Parizo, Anita Duggatto, Paul Varsanik, Jr., Joyce Sill, John Orazietti, 30 MOTION for Prejudgment Remedy Against Chris Robinson filed by Mel Thompson. Briefs due 10/25/10,any response due 10/29/10 Total Time: 1 hours and 30 minutes(Court Reporter Sharon Montini.) (Torday, B.) (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

PACER
55

Notice to Parties - In light of oral argument held this date, the telephonic status conference set down for November 1, 2010 at 4:00 p.m. has been cancelled. Signed by Judge Janet Bond Arterton on 10/20/10. (Tooker, A.) (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

PACER
56

Brief in Support of 32 MOTION to Dismiss for Lack of Jurisdiction by Derby Democratic Town Committee, Anita Duggatto, John Orazietti, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Joyce Sill, Ronald Sill, Paul Varsanik, Jr, James Watson, Sandy Watson.Responses due by 11/15/2010 (Morgan, Elio) Modified on 4/7/2011: at chambers direction, motion terminated as this document is not a motion. (Kelsey, N.). (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
57

CERTIFICATE OF SERVICE by Derby Democratic Town Committee, Anita Duggatto, John Orazietti, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Joyce Sill, Ronald Sill, Paul Varsanik, Jr, James Watson, Sandy Watson re 56 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit)(Morgan, Elio) (Entered: 10/26/2010)

Oct. 26, 2010

Oct. 26, 2010

PACER
58

Notice to Parties - In light of oral argument held October 20, 2010, the telephonic status conference set down for November 16, 2010 at 3:00 p.m. has been cancelled.(Tooker, A.) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

PACER
59

RESPONSE re 54 Motion Hearing,, 56 MOTION to Dismiss for Lack of Jurisdiction, 36 Objection, by Mel Thompson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Thompson, Mel) (Entered: 10/29/2010)

Oct. 29, 2010

Oct. 29, 2010

PACER
60

MOTION WAIVE OR MODIFY BOND PURSUANT TO CONN. L. CIV. R. 83.3 (A) re 46 MOTION for Extension of Time until NOVEMBER 15, 2010 TO FILE BOND PURSUANT TO LOCAL RULE 83.3 (B) 29 Objection, 13 Order on Motion for Security for Costs,, 42 Order, 15 Objection, 47 Order on Motion for Extension of Time by Mel Thompson.Responses due by 12/6/2010 Motions referred to Joan G. Margolis(Thompson, Mel) Modified on 11/16/2010 to correct motion event (Kelsey, N.). (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
61

ORDER granting in part 60 Motion for Release of Bond Obligation. Bond shall be filed by January 15, 2011. Signed by Judge Janet Bond Arterton on 11/16/10. (Tooker, A.) (Entered: 11/16/2010)

Nov. 16, 2010

Nov. 16, 2010

PACER
62

MOTION for Order to Continue Stay re 52 Order on Motion to Stay, 53 by Derby Democratic Town Committee, Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson.Responses due by 12/9/2010 Motions referred to Joan G. Margolis(Morgan, Elio) Modified on 11/19/2010 to correct motion event (Kelsey, N.). (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
63

MOTION for Order re 61 Order on Motion for Release of Bond Obligation by Derby Democratic Town Committee, Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson.Responses due by 12/9/2010 Motions referred to Joan G. Margolis(Morgan, Elio) Modified on 11/19/2010 to correct motion event (Kelsey, N.). (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
64

OBJECTION re 61 Order on Motion for Release of Bond Obligation, 60 MOTION for Release of Bond Obligation, 62 MOTION to Stay re 52 Order on Motion to Stay, 53 Docket Annotation MOTION to Stay re 52 Order on Motion to Stay, 53 Docket Annotation filed by Mel Thompson. (Attachments: # 1 Memorandum in Support)(Thompson, Mel) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

PACER
65

OBJECTION re 61 Order on Motion for Release of Bond Obligation, 60 MOTION for Release of Bond Obligation, 63 MOTION to Stay re 61 Order on Motion for Release of Bond Obligation MOTION to Stay re 61 Order on Motion for Release of Bond Obligation filed by Mel Thompson. (Thompson, Mel) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

PACER
66

MOTION to Compel Discovery by Mel Thompson.Responses due by 12/13/2010 (Attachments: # 1 Memorandum in Support)Motions referred to Joan G. Margolis(Thompson, Mel) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
67

SEE ATTACHED ELECTRONIC ENDORSEMENT ORDER: granting 62 Defendants' Motion for Order such that discovery is stayed until January 18, 2011, without prejudice to defendants seeking an extension (See Attached Order); denying 63 Defendants' Motion for Order (See Attached Order); and denying without prejudice to renew after January 18, 2011 66 plaintiff's Motion to Compel (See Attached Order). THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. Signed by Judge Joan G. Margolis on 11/23/2010. (Watson, M.) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

RECAP
68

MOTION for of dismissal pursuant to LRCP 83.3(a); FRCP 41(b); and court's inherent powers by Derby Democratic Town Committee, Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson.Responses due by 2/9/2011 (Attachments: # 1 Memorandum in Support, # 2 Exhibit)Motions referred to Joan G. Margolis(Morgan, Elio) Modified on 1/20/2011 to correct motion event(Kelsey, N.). (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

PACER

Security of Cost BOND in the amount of $ 500.00 posted by Mel Thompson Receipt Number CTXN00000386. (Lynch, K.)

Jan. 19, 2011

Jan. 19, 2011

PACER
69

OBJECTION re 68 MOTION to Dismiss filed by Mel Thompson. (Attachments: # 1 Memorandum in Support)(Thompson, Mel) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

PACER
70

MOTION for ORDER extension of stay re doc # 62 and 67 Order by Derby Democratic Town Committee, Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson. Motions referred to Joan G. Margolis (Morgan, Elio) Text Modified on 1/24/2011 (Bauer, J.). (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

PACER
71

OBJECTION re 67 Order on Motion for Order,, Order on Motion to Compel,,,,,, 70 MOTION for ORDER extension of stay re doc # 62 and 67 Order filed by Mel Thompson. (Thompson, Mel) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER
72

SEE ATTACHED ELECTRONIC ORDER denying without prejudice as moot Dkt #68 Motion to Dismiss; and granting until 3/31/11, without prejudice to defendants seeking an extension thereof, if Judge Arterton has not filed a ruling by that date, Dkt. #70 Motion to Extend Stay of Discovery (See Attached Electronic Order). THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. Signed by Judge Joan G. Margolis on 2/7/2011. (Watson, M.) (Entered: 02/07/2011)

Feb. 7, 2011

Feb. 7, 2011

RECAP
73

ELECTRONIC ORDER denying 30 Motion for Prejudgment Remedy, WITHOUT PREJUDICE TO RENEW, after Judge Arterton rules on the pending Motions to Dismiss. (Cf. Dkt. #72). THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. Signed by Judge Joan G. Margolis on 3/29/11. (Margolis, Joan) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
74

ORDER: Defendants' Motion 32 to Dismiss is GRANTED in part and DENIED in Part. Signed by Judge Janet Bond Arterton on 03/29/2011. (Budris, K.) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

Clearinghouse

Docket Entry Correction re 56 MOTION to Dismiss for Lack of Jurisdiction: terminated motion at chambers direction, as this document is not a motion. (Kelsey, N.)

April 7, 2011

April 7, 2011

PACER
75

MOTION for Prejudgment Remedy Renewal of #30 by Melvin Thompson. Motions referred to Joan G. Margolis(Thompson, Melvin) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

PACER
76

MOTION for ORDER ON DISCOVERY PURSUANT TO #72 Order by Melvin Thompson. Motions referred to Joan G. Margolis(Thompson, Melvin) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

PACER
77

OBJECTION re 76 MOTION for ORDER ON DISCOVERY PURSUANT TO #72 Order filed by Derby Democratic Town Committee, Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson. (Morgan, Elio) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

PACER
78

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. A TELEPHONIC Status Conference is set for 5/12/2011 at 11:00 AM before Judge Joan G. Margolis. Attorney Morgan will initiate the conference call with counsel and plaintiff on the line. 203-773-2350. (Watson, M.) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
79

OBJECTION re 75 MOTION for Prejudgment Remedy Renewal of #30 filed by Christine Robinson. (Morgan, Elio) (Entered: 04/26/2011)

April 26, 2011

April 26, 2011

PACER
80

RESPONSE re 79 Objection to 75 Renewed Motion for Prejudgment Remedy filed by Melvin Thompson. (Thompson, Melvin) Modified on 5/4/2011 to add missing link to underlying motion (Kelsey, N.). (Entered: 05/02/2011)

May 2, 2011

May 2, 2011

PACER
81

MOTION for Prejudgment Remedy AGAINST CHRIS ROBINSON by Melvin Thompson. (Attachments: # 1 Memorandum in Support)Motions referred to Joan G. Margolis(Thompson, Melvin) (Entered: 05/02/2011)

May 2, 2011

May 2, 2011

PACER
82

MOTION for Summary Judgment AGAINST DAN SEXTON by Melvin Thompson.Responses due by 5/25/2011 (Attachments: # 1 Memorandum in Support)(Thompson, Melvin) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

RECAP
83

NOTICE by Melvin Thompson re 81 MOTION for Prejudgment Remedy AGAINST CHRIS ROBINSON (Thompson, Melvin) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

PACER
84

Amended MOTION for Prejudgment Remedy AGAINST CHRIS ROBINSON by Melvin Thompson. (Attachments: # 1 Memorandum in Support)Motions referred to Joan G. Margolis(Thompson, Melvin) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

PACER
85

MOTION to Remand to State Court by Samuel M. Rizzitelli, Jr.Responses due by 5/25/2011 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Kelsey, N.) . (Entered: 05/05/2011)

May 4, 2011

May 4, 2011

PACER
86

NOTICE OF CONSOLIDATION. Signed by Clerk on 5/4/2011. (Kelsey, N.) (Entered: 05/05/2011)

May 4, 2011

May 4, 2011

PACER
87

OBJECTION re 85 MOTION to Remand to State Court filed by Melvin Thompson. (Attachments: # 1 Memorandum in Support)(Thompson, Melvin) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
88

EXHIBIT A by Melvin Thompson re 87 Objection to 85 Motion to Remand. (Thompson, Melvin) Modified on 5/11/2011 to link to underlying motion (Kelsey, N.). (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
89

Minute Entry for proceedings held before Judge Joan G. Margolis: Telephonic Status Conference held on 5/12/2011. Time: 20 minutes (Rodko, B.) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

PACER
90

MEMORANDUM of Telephonic Status Conference. All discovery due by 10/14/2011, Dispositive Motions due by 11/18/2011, A Prejudgment Remedy Hearing re 81 Motion for PJR and 84 Amended Motion for PJR is set for 9/19/2011 at 9:30 AM in Courtroom Five, 141 Church Street, New Haven, CT before Judge Joan G. Margolis.. Signed by Judge Joan G. Margolis on 5/12/2011. (Rodko, B.) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

PACER
91

REPLY to Response to 85 MOTION to Remand to State Court filed by Samuel M. Rizzitelli, Jr. (Burns, Dove) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
92

ANSWER to 26 Amended Complaint, with Affirmative Defenses. by Derby Democratic Town Committee, Anita Duggatto, Shelia Parizo, Sam Rizzitelli, Christine Robinson, Paul Varsanik, Jr, James Watson, Sandy Watson.(Morgan, Elio) (Entered: 06/11/2011)

June 11, 2011

June 11, 2011

PACER
93

MOTION for Summary Judgment Against Defendants John Orazietti, Ron Sill and Joyce Sill by Melvin Thompson.Responses due by 7/9/2011 (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit)(Thompson, Melvin) (Entered: 06/18/2011)

June 18, 2011

June 18, 2011

RECAP
94

MOTION to Strike 92 Answer to Amended Complaint Affirmative Defenses by Melvin Thompson.Responses due by 7/9/2011 (Attachments: # 1 Memorandum in Support)(Thompson, Melvin). (Entered: 06/18/2011)

June 18, 2011

June 18, 2011

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Jan. 15, 2010

Closing Date: Sept. 29, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A registered Democratic elector and former Democratic candidate for Mayor of Derby.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Derby Democratic Town Committee, City

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

42 U.S.C. § 1985

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Affected Race(s):

Black

Voting:

Candidate qualifications

Voting: General & Misc.