Case: Miller v. Dunkerton

3:16-cv-00724 | U.S. District Court for the District of Connecticut

Filed Date: May 13, 2016

Closed Date: March 21, 2017

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Case Summary

On April 27, 2016, Plaintiff, a voter in Brookfield, Connecticut, filed this lawsuit in the Connecticut Superior Court against the Republican Registrar of Voters for the Town of Brookfield, Connecticut after not being re-enrolled on the town Republican Party voter rolls. Plaintiff alleged that her constitutional rights were violated, including her right to due process of law and her right to freedom of association.   The following month, on May 13, Defendant removed the case to the District of …

On April 27, 2016, Plaintiff, a voter in Brookfield, Connecticut, filed this lawsuit in the Connecticut Superior Court against the Republican Registrar of Voters for the Town of Brookfield, Connecticut after not being re-enrolled on the town Republican Party voter rolls. Plaintiff alleged that her constitutional rights 
were violated, including her right to due process of law and her right to freedom of association.  

The following month, on May 13, Defendant removed the case to the District of Connecticut on the basis that the controversy involved a federal question and the alleged denial of Plaintiff’s rights under the First and Fourteenth Amendments. The case was heard by Judge Alvin W. Thompson. 

On June 10, 2016, Plaintiff moved to remand the case to Connecticut state court arguing the case did not involve a federal question of law.  Before the Court reached a judgment, the Defendant also moved to dismiss the case after the Plaintiff was re-enrolled on the Republican voter rolls.

The Court ruled that the controversy involved a federal question, since several constitutional law questions were included in the original complaint.  Accordingly, the Court denied the motion to remand the case to Connecticut state court.  The Court also dismissed the case since the Plaintiff's sole claim for relief was a petition for a writ of mandamus directing the registrar to enroll the Plaintiff on the voter rolls of the local Republican Party, and she had been reentered onto such voter rolls prior to the Court's judgment.  Accordingly, the Court found the case was moot on March 28, 2017. 

This case is now closed. 

Summary Authors

Trey O'Callaghan (9/15/2024)

Related Cases

Miller v. Dunkerton, District of Connecticut (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18167981/parties/miller-v-dunkerton/


Judge(s)
Attorney for Plaintiff

Copp, Alexander (Connecticut)

Marcus, Neil R. (Connecticut)

Attorney for Defendant

Gerarde, Thomas R. (Connecticut)

Gibbons, Winifred B. (Connecticut)

Rule, Katherine E. (Connecticut)

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Documents in the Clearinghouse

Document
1-2

3:16-cv-00724

Petition (General Status § 9-63)

Connecticut state trial court

April 27, 2016

April 27, 2016

Complaint
1

3:16-cv-00724

Notice of Removal

May 13, 2016

May 13, 2016

Other
19

3:16-cv-00724

Memorandum in Support of Motion to Remand

June 10, 2016

June 10, 2016

Pleading / Motion / Brief
18

3:16-cv-00724

Motion to Remand

June 10, 2016

June 10, 2016

Pleading / Motion / Brief
25

3:16-cv-00724

Defendant Thomas Dunkerton's Opposition to Plaintiff's Motion for Remand

July 15, 2016

July 15, 2016

Pleading / Motion / Brief
26

3:16-cv-00724

Defendant's Motion to Dismiss / Suggestion of Mootness

July 20, 2016

July 20, 2016

28

3:16-cv-00724

Reply Brief in Further Support of Motion to Remand

July 29, 2016

July 29, 2016

Pleading / Motion / Brief
30

3:16-cv-00724

Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss

Aug. 10, 2016

Aug. 10, 2016

Pleading / Motion / Brief
31

3:16-cv-00724

Reply to Plaintiff's Brief in Opposition to Motion to Dismiss

Aug. 16, 2016

Aug. 16, 2016

Pleading / Motion / Brief
32

3:16-cv-00724

Supplement to Defendant's Motion to Dismiss

Oct. 19, 2016

Oct. 19, 2016

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18167981/miller-v-dunkerton/

Last updated Oct. 19, 2025, 9:21 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Thomas Dunkerton from Danbury Superior Court, case number DBD-cv16-6019696. Filing fee $ 400 receipt number 0205-3997792, filed by Thomas Dunkerton. (Attachments: # 1 Exhibit Summons, # 2 Exhibit Complaint)(Gerarde, Thomas) (Entered: 05/13/2016)

1 Exhibit Summons

View on RECAP

2 Exhibit Complaint

View on RECAP

May 13, 2016

May 13, 2016

Clearinghouse
10

Order on Pretrial Deadlines: Motions to Dismiss due on 8/13/2016. Amended Pleadings due by 7/12/2016. Discovery due by 11/12/2016. Dispositive Motions due by 12/12/2016. Signed by Clerk on 5/13/2016. (Shafer, J.) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

11

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 5/13/2016. (Shafer, J.) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

12

STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 5/13/2016. (Shafer, J.) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

Clearinghouse
13

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 5/13/2016. (Shafer, J.) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

14

NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 12 Standing Protective Order, 2 Notice of Appearance filed by Thomas Dunkerton, 11 Electronic Filing Order, 5 Notice (Other) filed by Thomas Dunkerton, 6 Notice (Other) filed by Thomas Dunkerton, 8 Notice of Appearance filed by Thomas Dunkerton, 3 Notice (Other) filed by Thomas Dunkerton, 13 Order Re: Chambers Practices, 9 Notice (Other) filed by Thomas Dunkerton, 7 Notice of Appearance filed by Thomas Dunkerton, 4 Jury Demand filed by Thomas Dunkerton, 1 Notice of Removal, filed by Thomas Dunkerton, and 10 Order on Pretrial Deadlines. Signed by Clerk on 5/13/2016. (Attachments: # 1 Standing Order on Removal Cases) (Shafer, J.) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

2

NOTICE of Appearance by Thomas R. Gerarde on behalf of Thomas Dunkerton (Gerarde, Thomas) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

3

NOTICE by Thomas Dunkerton re 1 Notice of Removal, NOTICE OF PENDING MOTIONS (Attachments: # 1 Exhibit Plaintiff's Order to Show Cause, # 2 Exhibit Court Order for Hearing)(Gerarde, Thomas) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

4

DEMAND for Trial by Jury by Thomas Dunkerton. (Gerarde, Thomas) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

5

NOTICE by Thomas Dunkerton re 1 Notice of Removal, COMPLIANCE WITH STANDING ORDER IN REMOVED CASES (Gerarde, Thomas) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

6

NOTICE by Thomas Dunkerton re 1 Notice of Removal, CERTIFICATE OF FILING AND SERVICE OF NOTICE OF REMOVAL (Gerarde, Thomas) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

7

NOTICE of Appearance by Katherine E. Rule on behalf of Thomas Dunkerton (Rule, Katherine) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

8

NOTICE of Appearance by Winifred E. Binda on behalf of Thomas Dunkerton (Binda, Winifred) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

9

NOTICE by Thomas Dunkerton re 1 Notice of Removal, NOTICE OF RELATED CASE (Gerarde, Thomas) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

Add and Terminate Judges

May 13, 2016

May 13, 2016

Judge Vanessa L. Bryant added. (Basha, D.)

May 13, 2016

May 13, 2016

15

Consent MOTION for Extension of Time until June 19, 2016 to plead 1 Notice of Removal, by Thomas Dunkerton. (Rule, Katherine) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

16

ORDER granting 15 Motion for Extension of Time. Motions for extension of time will not be granted without good cause The good cause standard requires a particularized showing that the time limitation in question cannot reasonably be met despite the diligence of the party seeking the extension. D. Conn. L. R. 7(b)(2). Future motions which do not meet this standard will be denied.Signed by Judge Vanessa L. Bryant on 5-23-16. (Bryant, Vanessa) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

Order on Motion for Extension of Time

May 23, 2016

May 23, 2016

17

NOTICE of Appearance by Alexander Copp on behalf of Jane Miller (Copp, Alexander) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

18

MOTION to Remand to State Court by Jane Miller.Responses due by 7/1/2016 (Copp, Alexander) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

Clearinghouse
19

Memorandum in Support re 18 MOTION to Remand to State Court filed by Jane Miller. (Attachments: # 1 Exhibit Exhibits A-B)(Copp, Alexander) (Entered: 06/10/2016)

1 Exhibit Exhibits A-B

View on RECAP

June 10, 2016

June 10, 2016

Clearinghouse
20

MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Remand to State Court until July 15, 2016 by Thomas Dunkerton. (Rule, Katherine) (Entered: 06/22/2016)

June 22, 2016

June 22, 2016

21

ORDER granting 20 Motion for Extension of Time to File Response/Reply re 18 MOTION to Remand to State Court Responses due by 7/15/2016. Counsel is advised that future motions for extensions of deadlines will not provide the Court with good cause pursuant to Local Rule 7(b) on the basis of counsel's workload or vacation schedule. Signed by Judge Vanessa L. Bryant on 6/23/16. (Shechter, N.) (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

Order on Motion for Extension of Time to File Response/Reply to Motion

June 23, 2016

June 23, 2016

22

26(f) NOTICE: The Court has reviewed the file in this case to monitor the parties compliance with Local Rule 26(f). Local Rule 26(f) provides that, within 30 days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within 10 days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties must file on or before: July 21, 2016, (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 07/07/16.(Fernandez, C.) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

~Util - Set Deadlines/Hearings AND Order

July 7, 2016

July 7, 2016

23

Joint REPORT of Rule 26(f) Planning Meeting. (Gibbons, Winifred) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

24

RESPONSE TO 22 Order,,,,, Set Deadlines/Hearings,,,,. (Gibbons, Winifred) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

25

Memorandum in Opposition re 18 MOTION to Remand to State Court filed by Thomas Dunkerton. (Rule, Katherine) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

Clearinghouse
26

MOTION to Dismiss by Thomas Dunkerton.Responses due by 8/10/2016 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Rule, Katherine) (Entered: 07/20/2016)

1 Memorandum in Support

View on RECAP

2 Exhibit A

View on RECAP

July 20, 2016

July 20, 2016

Clearinghouse
27

ORDER OF TRANSFER. Case reassigned to Judge Alvin W. Thompson for all further proceedings Signed by Judge Vanessa L. Bryant on 7/22/16.(Johnson, D.) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

28

REPLY to Response to 18 MOTION to Remand to State Court filed by Jane Miller. (Copp, Alexander) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

Clearinghouse
29

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 8/10/2016 at 04:00 PM before Parajudicial Officer James R. Hawkins II in Room 426 of the Bridgeport courthouse, 915 Lafayette Blvd, Bridgeport, CT 06604. (Calle, K) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

Calendar Entry

Aug. 8, 2016

Aug. 8, 2016

30

Memorandum in Opposition re 26 MOTION to Dismiss filed by Jane Miller. (Copp, Alexander) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

Clearinghouse
31

REPLY to Response to 26 MOTION to Dismiss filed by Thomas Dunkerton. (Rule, Katherine) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

Clearinghouse
32

Supplemental Memorandum in Support re 26 MOTION to Dismiss filed by Thomas Dunkerton. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rule, Katherine) (Entered: 10/19/2016)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

Oct. 19, 2016

Oct. 19, 2016

Clearinghouse
33

ORDER: For the reasons set forth herein, the plaintiff's Motion to Remand to State Court (Doc. No. 18 ) is hereby DENIED. It is so ordered. Signed by Judge Alvin W. Thompson on 3/28/2017. (Limbachia, V.) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

Clearinghouse
34

ORDER: For the reasons set forth herein, the defendant's Motion to Dismiss (Doc. No. 26 ) is hereby GRANTED. The Clerk shall close this case. It is so ordered. Signed by Judge Alvin W. Thompson on 3/28/2017. (Limbachia, V.) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

Clearinghouse
35

JUDGMENT entered DISMISSING this case. For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 3/31/17.(Ferguson, L.) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

Clearinghouse

Judicial Evaluation Program Survey

March 31, 2017

March 31, 2017

JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Ferguson, L.)

March 31, 2017

March 31, 2017

Case Details

State / Territory:

Connecticut

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: May 13, 2016

Closing Date: March 21, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Voter desiring to be on the Republican voter rolls in Town of Brookfield, Connecticut. Voter had previously been removed by Defendant.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Republican Registrar of Voters for the Town of Brookfield, Connecticut (Brookfield), Political Party

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

District of Connecticut 3:16-cv-00724

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Order Duration: 2017 - 2017

Issues

Voting:

Election administration

Voter registration rules

Voting: General & Misc.