Martinez v. Ferguson Library et al

Americans with Disabilities lawsuit - claim that library has architectural barriers e.g. only stairs to third floor.
Plaintiff:Jose Ernesto Martinez
Defendant:Ferguson Library and Ernest DiMattia
 
Case Number:3:2007cv01212
Filed:August 8, 2007
 
Court:Connecticut District Court
Office:New Haven Office [ Court Info ]
County:New Haven
Presiding Judge:Judge Vanessa L. Bryant
 
Nature of Suit:Civil Rights - Housing/Accommodations
Cause:No cause code entered
Jurisdiction:Federal Question
Jury Demanded By:None
Date Filed # Docket Text
August 8, 2007 1 COMPLAINT against Ferguson Library, Ernest DiMattia ( Filing fee $ 350 receipt number N022061), filed by Jose Ernesto Martinez.(Brown, S.) (Entered: August 9, 2007)
August 8, 2007 2 Order on Pretrial Deadlines: Motions to Dismiss due on 11/8/07.Amended Pleadings due by 10/7/2007.,Discovery due by 2/7/2008.,Dispositive Motions due by 3/8/2008.. Signed by Clerk on 8/8/07. (Brown, S.) (Entered: August 9, 2007)
August 8, 2007 3 ELECTRONIC FILING ORDER. Signed by Judge Vanessa L. Bryant on 8/8/07. (Brown, S.) (Entered: August 9, 2007)
August 8, 2007 4 NOTICE of Appearance by Ioannis A. Kaloidis on behalf of Jose Ernesto Martinez (Brown, S.) (Entered: August 9, 2007)
August 9, 2007 Summons Issued as to Ferguson Library, Ernest DiMattia. (Brown, S.) (Entered: August 9, 2007)
September 6, 2007 5 ORDER RE: Judges Chambers Practices and Standing Orders. Counsel/Parties please see attached order. Signed by Judge Vanessa L. Bryant on 9/6/07. (Wood, R.) (Entered: September 6, 2007)
September 10, 2007 6 SUMMONS Returned Executed by Jose Ernesto Martinez. Ernest DiMattia served on 8/24/2007, answer due 9/13/2007. (Kaloidis, Ioannis) (Entered: September 10, 2007)
September 10, 2007 7 SUMMONS Returned Executed by Jose Ernesto Martinez. Ferguson Library served on 8/24/2007, answer due 9/13/2007. (Kaloidis, Ioannis) (Entered: September 10, 2007)
September 14, 2007 8 NOTICE of Appearance by Christopher M. Hodgson on behalf of Ferguson Library, Ernest DiMattia (Hodgson, Christopher) (Entered: September 14, 2007)
September 14, 2007 9 First MOTION for Extension of Time until October 15, 2007 to file responsive pleading by Ferguson Library, Ernest DiMattia. (Hodgson, Christopher) (Entered: September 14, 2007)
September 17, 2007 10 NOTICE OF ELECTRONIC ORDER. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE RE:granting 9 First MOTION for Extension of Time until October 15, 2007 to file responsive pleading, Signed by Clerk on 9/17/07. (Blue, A.) (Entered: September 17, 2007)
September 17, 2007 Answer deadline updated for Ferguson Library to 10/15/2007; Ernest DiMattia to 10/15/2007. (Blue, A.) (Entered: September 17, 2007)
September 27, 2007 11 NOTICE of Appearance by Michel Bayonne on behalf of Ferguson Library, Ernest DiMattia (Bayonne, Michel) (Entered: September 27, 2007)
October 5, 2007 12 NOTICE of Appearance by Loraine M. Cortese-Costa on behalf of Ferguson Library, Ernest DiMattia (Cortese-Costa, Loraine) (Entered: October 5, 2007)
October 9, 2007 13 MOTION for Pre-Filing Conference by Ferguson Library, Ernest DiMattia. (Cortese-Costa, Loraine) (Entered: October 9, 2007)
October 10, 2007 14 ORDER denying 13 Motion for Pre-Filing Conference. A pre-filing conference is not required before filing dispositive motions. See 5 Judge Bryant's chambers practices. The defendants may file their motion. If the parties agree a pre-filing conference would be beneficial they may jointly file a renewed motion for a conference. Signed by Judge Vanessa L. Bryant on 10/10/07. (Klatell, J.) (Entered: October 10, 2007)
October 15, 2007 15 Second MOTION for Extension of Time until November 29, 2007 to file responsive pleading by Ferguson Library, Ernest DiMattia. (Cortese-Costa, Loraine) (Entered: October 15, 2007)
October 15, 2007 16 ORDER granting 15 Motion for Extension of Time to file a responsive pleading. The defendants shall file a responsive pleading on or before 10/29/07. Signed by Judge Vanessa L. Bryant on 10/15/07. (Klatell, J.) (Entered: October 15, 2007)
October 15, 2007 Answer deadline updated for Ferguson Library to 10/29/2007; Ernest DiMattia to 10/29/2007. (Blue, A.) (Entered: October 16, 2007)
October 19, 2007 17 ORDER of clarification regarding 16 extension of time to file responsive pleading. The defendant shall respond to the complaint on or before 11/29/07. Signed by Judge Vanessa L. Bryant on 10/19/07. (Klatell, J.) (Entered: October 19, 2007)
October 19, 2007 Answer deadline updated for Ferguson Library to 11/29/2007; Ernest DiMattia to 11/29/2007. (Blue, A.) (Entered: October 19, 2007)
November 9, 2007 18 REPORT of Rule 26(f) Planning Meeting. (Cortese-Costa, Loraine) (Entered: November 9, 2007)
November 14, 2007 19 ORDER endorsing and adopting 18 the case management plan included in the parties' Rule 26(f) report. Discovery to close on 3/1/09; dispositive motions filed on or before 5/15/09. Signed by Judge Vanessa L. Bryant on 11/14/07. (Klatell, J.) (Entered: 11/14/2007)
November 14, 2007 Set Deadlines/Hearings: Discovery due by 3/1/2009,Dispositive Motions due by 5/15/2009 (Blue, A.) (Entered: November 15, 2007)
November 29, 2007 20 MOTION to Dismiss by Ferguson Library, Ernest DiMattia.Responses due by 12/20/2007 (Bayonne, Michel) (Entered: November 29, 2007)
November 29, 2007 21 Memorandum in Support re 20 MOTION to Dismiss filed by Ferguson Library, Ernest DiMattia. (Attachments: # 1 Affidavit George Nichols w/Exhibit 1# 2 Appendix Case 1# 3 Appendix Case 2)(Bayonne, Michel) (Entered: 11/29/2007)
December 6, 2007 22 First MOTION for Extension of Time until January 14, 2007 or 3 weeks after ruling on Motion to Dismiss to file responses/objections to Interrogatories by Ferguson Library, Ernest DiMattia. (Bayonne, Michel) (Entered: December 6, 2007)
December 6, 2007 23 First MOTION for Extension of Time until January 14, 2007 or until 3 weeks after ruling on Motion to Dismiss to file responses/objections to Requests for Production by Ferguson Library, Ernest DiMattia. (Bayonne, Michel) (Entered: December 6, 2007)
December 6, 2007 24 First MOTION for Extension of Time until January 14, 2007 or until 3 weeks after ruling on Motion to Dismiss to file responses/objections to admissions by Ferguson Library, Ernest DiMattia. (Bayonne, Michel) (Entered: December 6, 2007)
December 6, 2007 25 ORDER granting 22 Motion for Extension of Time ; granting 23 Motion for Extension of Time ; granting 24 Motion for Extension of Time. The defendants shall object or respond to the plaintiff's interrogatories, requests for production and requests for admissions on or before 1/14/08. Signed by Judge Vanessa L. Bryant on 12/6/07. (Klatell, J.) (Entered: December 6, 2007)
December 11, 2007 26 MOTION for Extension of Time to File Response/Reply To Defendants' Motion to Dismiss as to 20 MOTION to Dismiss until 01/09/2007 by Jose Ernesto Martinez. (Kaloidis, Ioannis) (Entered: December 11, 2007)
December 11, 2007 27 ORDER granting 26 Motion for Extension of Time to File Response/Reply re 20 MOTION to Dismiss. Responses due by 1/9/2008. Signed by Judge Vanessa L. Bryant on 12/11/07. (Klatell, J.) (Entered: December 11, 2007)
December 14, 2007 28 MOTION for Reconsideration re 25 Order on Motion for Extension of Time,,,,, by Ferguson Library, Ernest DiMattia.Responses due by 1/4/2008 (Bayonne, Michel) (Entered: December 14, 2007)
December 14, 2007 29 ORDER denying 28 Motion for Reconsideration. The defendants offered two proposed extensions of time in their initial motion. The plaintiff consented to a thirty day extension, but did not consent to an indeterminate extension. The court granted the extension to which the plaintiff consented. The defendant is not entitled to a stay of discovery simply by filing a motion to dismiss. Signed by Judge Vanessa L. Bryant on 12/14/07. (Klatell, J.) (Entered: December 14, 2007)
December 28, 2007 30 Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss until 02/23/2008 by Jose Ernesto Martinez. (Kaloidis, Ioannis) (Entered: December 28, 2007)
January 2, 2008 31 ORDER granting 30 Motion for Extension of Time to File Response/Reply re 20 MOTION to Dismiss. Responses due by 2/23/2008. Signed by Judge Vanessa L. Bryant on 1/2/08. (Klatell, J.) (Entered: January 2, 2008)
January 2, 2008 Set/Reset Deadlines as to 20 MOTION to Dismiss. Responses due by 2/23/2008 (Blue, A.) (Entered: January 3, 2008)
January 3, 2008 32 Second MOTION for Extension of Time until February 28, 2008 to file objections/responses to discovery requests by Ferguson Library, Ernest DiMattia. (Bayonne, Michel) (Entered: 01/03/2008)
January 3, 2008 33 ORDER granting 32 Motion for Extension of Time. Signed by Judge Vanessa L. Bryant on 1/3/08. (Klatell, J.) (Entered: January 3, 2008)
February 22, 2008 34 Third MOTION for Extension of Time to File Response/Reply To Defendants' Motion to Dimiss as to 20 MOTION to Dismiss until March 10, 2008 by Jose Ernesto Martinez. (Kaloidis, Ioannis) (Entered: February 22, 2008)
February 25, 2008 35 ORDER granting 34 Motion for Extension of Time to File Response/Reply re 20 MOTION to Dismiss. Responses due by 3/10/2008. Signed by Judge Vanessa L. Bryant on 2/25/08. (Klatell, J.) (Entered: February 25, 2008)
February 25, 2008 36 Third MOTION for Extension of Time until March 10, 2008 to file responses/objections to Plaintiff's First Set of Discovery by Ferguson Library, Ernest DiMattia. (Bayonne, Michel) (Entered: February 25, 2008)
February 25, 2008 37 ORDER granting 36 Motion for Extension of Time. Signed by Judge Vanessa L. Bryant on 2/25/08. (Klatell, J.) (Entered: February 25, 2008)
February 25, 2008 Set/Reset Deadlines as to 20 MOTION to Dismiss. Responses due by 3/10/2008 (Blue, A.) (Entered: February 26, 2008)
March 5, 2008 38 Fourth MOTION for Extension of Time until March 24, 2008 to file responses/objections to First Set of Discovery Requests by Ferguson Library, Ernest DiMattia. (Bayonne, Michel) (Entered: 03/05/2008)
March 5, 2008 39 MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss until 3/4/08 by Jose Ernesto Martinez. (Kaloidis, Ioannis) (Entered: March 5, 2008)
March 5, 2008 40 ORDER granting 38 Motion for Extension of Time. This order is the FINAL extension of this deadline. Signed by Judge Vanessa L. Bryant on 3/5/08. (Klatell, J.) (Entered: March 5, 2008)
March 5, 2008 ORDER granting 39 Motion for Extension of Time to File Response/Reply re 20 MOTION to Dismiss. Responses due by 3/24/2008. This order is the FINAL extension of this deadline. Signed by Judge Vanessa L. Bryant on 3/5/08. (Klatell, J.) (Entered: March 5, 2008)
March 5, 2008 Set/Reset Deadlines as to 20 MOTION to Dismiss. Responses due by 3/24/2008 (Blue, A.) (Entered: March 6, 2008)
March 24, 2008 41 AMENDED COMPLAINT against all defendants, filed by Jose Ernesto Martinez.(Kaloidis, Ioannis) (Entered: March 24, 2008)
March 24, 2008 42 RESPONSE In Opposition To Defendant's Motion To Dismiss filed by Jose Ernesto Martinez. (Attachments: # 1 Affidavit Michael Clark, # 2 Affidavit Jose Ernesto Martinez, # 3 Exhibit Caplan Order, # 4 Exhibit Gateway Order)(Kaloidis, Ioannis) (Entered: March 24, 2008)
March 28, 2008 43 First MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss until April 22, 2008 by Ferguson Library, Ernest DiMattia. (Bayonne, Michel) (Entered: March 28, 2008)
March 28, 2008 44 First MOTION for Extension of Time until April 22, 2008 to file responsive pleading by Ferguson Library, Ernest DiMattia. (Bayonne, Michel) (Entered: March 28, 2008)
March 28, 2008 45 ORDER granting 43 Motion for Extension of Time to File Response/Reply re 20 MOTION to Dismiss. Responses due by 4/22/2008. Signed by Judge Vanessa L. Bryant on 3/28/08. (Klatell, J.) (Entered: March 28, 2008)
March 28, 2008 46 ORDER granting 44 Motion for Extension of Time. The defendants shall respond to 41 the amended complaint on or before 4/22/08. Signed by Judge Vanessa L. Bryant on 3/28/08. (Klatell, J.) (Entered: March 28, 2008)
March 28, 2008 Answer deadline updated for Ferguson Library to 4/22/2008; Ernest DiMattia to 4/22/2008. (Wood, R.) (Entered: March 31, 2008)
March 28, 2008 Answer deadline updated for Ferguson Library, Ernest DiMattia., Set/Reset Deadlines as to 20 MOTION to Dismiss. (Responses due by 4/22/2008, ) (Blue, A.) (Entered: March 31, 2008)
April 18, 2008 47 ORDER: The parties having reported that this action has been settled in full. Rather than continue to keep the case open on the docket, the Clerk is directed to administratively close the file. It is so ordered. Signed by Judge Vanessa L. Bryant on 4/18/08. (Wood, R.) (Entered: April 18, 2008)
Docket Report Last Checked: May 15, 2008 22:57:12 PDT
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Plaintiff: Jose Ernesto Martinez
Represented By: Ioannis A. Kaloidis
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Defendant: Ferguson Library
Represented By: Christopher M. Hodgson, Loraine M. Cortese-Costa, Michel Bayonne
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Defendant: Ernest DiMattia
Represented By: Christopher M. Hodgson, Loraine M. Cortese-Costa, Michel Bayonne
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