Case Details

CourtDistrict of Connecticut
Docket number3:15-cv-01731
Date case filed2015-11-24
Date case closed
Date of latest filing
Assigned toJudge Robert A. Richardson
Case cause28:2201 Declaratory Judgment
Nature of suit950 Constitutional - State Statute
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Tweed-New Haven Airport Authority
Party type: Plaintiff
Attorney name: John Charles King
Attorney Contact:
Updike, Kelly & Spellacy, P.C.
One State St., Po Box 231277
Hartford, CT 06123-1277
860-548-2600
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Christopher A Klepps
Attorney Contact:
Updike, Kelly & Spellacy, PC-Htfd
100 Pearl St., 17th Floor
P.O. Box 231277
Hartford, CT 06123-1277
860-548-2600
Fax: 860-548-2680
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Hugh I. Manke
Attorney Contact:
Updike, Kelly & Spellacy, P.C.
One Century Tower
265 Church St.
New Haven, CT 06510
203-786-8301
Fax: 203-772-2037
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: City of New Haven
Party type: Intervenor Plaintiff
Attorney name: John Rose , Jr.
Attorney Contact:
City of New Haven - Office of Corporation Counsel
165 Church Street 4th Floor
New Haven, CT 06510
203-946-7951
Fax: 203-946-7942
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: George Jepsen
Party type: Defendant
in his official capacity as Attorney General for the State of Connecticut
Attorney name: Drew S. Graham
Attorney Contact:
Office of The Attorney General
55 Elm St., Third Floor Annex
Hartford, CT 06106
860-808-5090
Fax: 860-808-5384
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12015-11-24 COMPLAINT for Declaratory Judgment against George Jepsen ( Filing fee $400 receipt number 0205-3813059.), filed by Tweed-New Haven Airport Autority. (Attachments: # 1 Civil Summons)(King, John) (Entered: 11/24/2015)
1.1 Civil Summons
22015-11-24 Corporate Disclosure Statement by Tweed-New Haven Airport Authority. (King, John) (Entered: 11/24/2015)
32015-11-24 Order on Pretrial Deadlines: Motions to Dismiss due on 02/24/2016. Amended Pleadings due by 1/23/2016; Discovery due by 5/25/2016; Dispositive Motions due by 6/24/2016. Signed by Clerk on 11/24/2015.(Grady, B.) Modified on 11/25/2015 to correct signature (Grady, B.). (Entered: 11/25/2015)
42015-11-24 ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER: Signed by Judge Vanessa L. Bryant on 11/24/2015.(Grady, B.) (Entered: 11/25/2015)
52015-11-24 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 11/24/2015.(Grady, B.) (Entered: 11/25/2015)
62015-11-24 STANDING PROTECTIVE ORDER: Signed by Judge Vanessa L. Bryant on 11/24/2015.(Grady, B.) (Entered: 11/25/2015)
72015-11-25 NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 1 Complaint filed by Tweed-New Haven Airport Authority, 4 Electronic Filing Order, 3 Order on Pretrial Deadlines, 6 Protective Order, 5 Order Re: Chambers Practices, 2 Corporate Disclosure Statement filed by Tweed-New Haven Airport Authority. Signed by Clerk on 11/25/2015.(Grady, B.) (Entered: 11/25/2015)
82015-11-25 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *George Jepsen* with answer to complaint due within *21* days. Attorney *John Charles King* *Updike, Kelly & Spellacy, P.C.* *One State St., Po Box 231277* *Hartford, CT 06123-1277*. (Grady, B.) (Entered: 11/25/2015)
92015-12-29 SUMMONS Returned Executed by Tweed-New Haven Airport Authority. George Jepsen served on 12/18/2015, answer due 1/8/2016. (King, John) (Entered: 12/29/2015)
102015-12-30 MOTION for Extension of Time until February 8, 2016to Respond to Complaint 1 Complaint by George Jepsen. (Graham, Drew) (Entered: 12/30/2015)
112015-12-30 ORDER granting 10 MOTION for extension of time until 02/08/2016 to respond to 1 Complaint. Signed by Clerk on 12/30/2015. (Grady, B.) (Entered: 12/30/2015)
122016-02-05 ANSWER to 1 Complaint with Special Defenses by George Jepsen.(Graham, Drew) (Entered: 02/05/2016)
132016-02-05 REPORT of Rule 26(f) Planning Meeting. (Klepps, Christopher) (Entered: 02/05/2016)
142016-02-08 SCHEDULING ORDER: The Parties' 13 Rule 26(f) Report is approved, in part, and the Court sets the following case management deadlines. All discovery, including but not limited to depositions of expert witnesses, shall be completed by 06/01/2016. Dispositive motions are due by 08/01/2016. If no dispositive motions are filed, the joint trial memorandum ("JTM") is due by 09/01/2016, and a bench trial will take place in the month of October 2016 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. If dispositive motions are filed, the JTM is due by 05/01/2017, and a bench trial will take place in the month of June 2017 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. Dates for the presentation of evidence will be designated following the submission of the JTM. Counsel shall be prepared to present evidence on any day during the month that the bench trial is scheduled to take place. All motions in limine must be filed along with the JTM. All evidentiary objections raised in the JTM must be the subject of motions in limine supported by applicable Second Circuit precedent. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. Signed by Judge Vanessa L. Bryant on 02/08/2016. (Thomas, R.) (Entered: 02/08/2016)
152016-02-09 ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for Settlement Conference. Signed by Judge Vanessa L. Bryant on 02/09/2016. (Lewis, L.) (Entered: 02/09/2016)
162016-02-10 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Scheduling Conference set for 2/16/2016 at 11:30AM before Judge Sarah A. L. Merriam. This case has been referred to Judge Merriam for a settlement conference. She will hold a pre-conference telephone call with counsel on February 16, 2016 at 11:30AM. A firm date for the settlement conference will be set during that telephone call. The Court requires all named parties and any other persons necessary to achieve full settlement (e.g. insurance representatives) to attend the settlement conference in person. Therefore, counsel must consult with their clients and other necessary parties prior to the telephone call to determine any dates on which they will be unavailable in the next 90 days. Counsel should also have their own calendars available to facilitate scheduling. During the telephone call, counsel should be prepared to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference for the conference to be productive. This telephone conference will not be rescheduled based on requests from counsel. If counsel is not available at the scheduled time, please arrange for coverage by another lawyer, who will have the necessary background knowledge to participate. Counsel for the plaintiff is requested to initiate this call. Once counsel for all parties are on the line, please contact chambers at 203-773-2022. (Nuzzi, T) (Entered: 02/10/2016)
172016-02-16 AMENDED NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Scheduling Conference RESET FROM 2/16/16 11:30AM to 2/17/2016 10:00 AM before Judge Sarah A. L. Merriam. This case has been referred to Judge Merriam for a settlement conference. She will hold a pre-conference telephone call with counsel on February 17, 2016 at 10:00AM. A firm date for the settlement conference will be set during that telephone call. The Court requires all named parties and any other persons necessary to achieve full settlement (e.g. insurance representatives) to attend the settlement conference in person. Therefore, counsel must consult with their clients and other necessary parties prior to the telephone call to determine any dates on which they will be unavailable in the next 90 days. Counsel should also have their own calendars available to facilitate scheduling. During the telephone call, counsel should be prepared to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference for the conference to be productive. This telephone conference will not be rescheduled based on requests from counsel. If counsel is not available at the scheduled time, please arrange for coverage by another lawyer, who will have the necessary background knowledge to participate. Counsel for the plaintiff is requested to initiate this call. Once counsel for all parties are on the line, please contact chambers at 203-773-2022. (Katz, S.) (Entered: 02/16/2016)
182016-02-17 Minute Entry for proceedings held before Judge Sarah A. L. Merriam: Telephonic Scheduling Conference held on 2/17/2016. Counsel represented that in light of the claim presented in this matter, a case management conference would be more productive than a traditional settlement conference. Accordingly, a case management conference is scheduled for March 24, 2016. A separate calendar and order concerning this conference will issue forthwith. 25 minutes. (Katz, S.) (Entered: 02/17/2016)
192016-02-17 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. In-Person Case Management Status Conference set for 3/24/2016 12:00 PM in Courtroom Five, 141 Church Street, New Haven, CT before Judge Sarah A. L. Merriam. (Katz, S.) (Entered: 02/17/2016)
202016-02-17 ORDER. In anticipation of the March 24, 2016, case management conference, by the close of business on March 21, 2016, the parties shall each file a status report addressing the status of the case, any anticipated disputes and/or potential for stipulations. This status report should include any information that counsel believe will be helpful to the Court's assessment of the claim and defenses in this matter. To the extent that any information requires ex parte submission, counsel may contact chambers to arrange for the submission of such material. Signed by Judge Sarah A. L. Merriam on 2/17/2016. (Katz, S.) (Entered: 02/17/2016)
212016-02-18 NOTICE of Appearance by John Charles King on behalf of Tweed-New Haven Airport Authority (King, John) (Entered: 02/18/2016)
222016-02-18 NOTICE of Appearance by Christopher A Klepps on behalf of Tweed-New Haven Airport Authority (Klepps, Christopher) (Entered: 02/18/2016)
232016-03-21 Joint STATUS REPORT by Tweed-New Haven Airport Authority. (Klepps, Christopher) (Entered: 03/21/2016)
242016-03-24 Minute Entry for proceedings held before Judge Sarah A. L. Merriam: Case Management Hearing held on 3/24/2016. Total Time 5 minutes(Court Reporter FTR.) (Nuzzi, T) (Entered: 03/24/2016)
252016-03-24 Minute Entry for proceedings held before Judge Sarah A. L. Merriam: In-Person Case Management Status/Settlement Conference held on 3/24/2016. The parties discussed ways in which to narrow the issues and to achieve an efficient resolution of this declaratory judgment action. The parties are encouraged to contact the Court to schedule a status or settlement conference in the event that similar discussions would be productive in the future. 45 minutes. (Katz, S.) (Entered: 03/24/2016)
262016-04-04 NOTICE of Appearance by John Rose, Jr on behalf of City of New Haven (Rose, John) (Entered: 04/04/2016)
272016-04-04 MOTION to Intervene of Right or for Permissive intervention (Rule 24 FRCP) by City of New Haven.Responses due by 4/25/2016 (Rose, John) (Entered: 04/04/2016)
282016-04-04 Intervenor COMPLAINT , filed by City of New Haven.(Rose, John) (Entered: 04/04/2016)
292016-04-14 ORDER. During the Court's March 24, 2016, In-Person Case Management Status/Settlement Conference (Doc. ##19, 25), the parties discussed the option of consenting to the jurisdiction of United States Magistrate Judge Robert A. Richardson, in order to expedite a potential bench trial in this matter. To the extent that all parties consent to the jurisdiction of Judge Richardson for all further proceedings, the parties should complete the attached Notice, Consent and Reference of a Civil Action to a Magistrate Judge and return the form to the Clerk of Court. Signed by Judge Sarah A. L. Merriam on 4/14/2016. (Katz, S.) (Entered: 04/14/2016)
302016-04-18 ORDER granting 27 Motion to Intervene. Signed by Judge Vanessa L. Bryant on 04/18/2016. (Thomas, R.) (Entered: 04/18/2016)
312016-04-20 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. The Court schedules a Telephonic Conference for 04/21/2016 at 05:00 PM before Judge Vanessa L. Bryant. The Court would like to discuss intervention and consent to the jurisdiction of a magistrate judge. The parties are ordered to call Chambers at 860-240-3123 with all parties on the line. In the alternative, the parties may call Chambers to distribute a dial-in number to the Court. (Thomas, R.) (Entered: 04/20/2016)
322016-04-25 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. The Court schedules a Telephonic Conference for 04/28/2016 at 12:00 PM before Judge Vanessa L. Bryant. The parties are ordered to call Chambers at 860-240-3123 with all parties on the line. In the alternative, the parties may call Chambers to distribute a dial-in number to the Court. (Thomas, R.) (Entered: 04/25/2016)
332016-05-03 CONSENT to Jurisdiction by US Magistrate Judge by City of New Haven, George Jepsen, Tweed-New Haven Airport Authority. Case reassigned to Magistrate Judge Robert A. Richardson. This matter has been transferred to a magistrate judge. All non-efiled submissions should be filed at the seat of court where the magistrate judge presides. The case number will remain the same, but must be followed by the magistrate judge's initials (RAR). Signed by Judge Vanessa L. Bryant on 4/28/16.(Johnson, D.) (Entered: 05/04/2016)
342016-05-04 SCHEDULING ORDER: In accordance with the parties' request in Dkt. # 23 Joint Status Report, the discovery deadline is extended to 7/1/2016. Bench Trial is set to begin 11/15/2016 10:00 AM in West Courtroom, 450 Main St., Hartford, CT before Judge Robert A. Richardson. All other deadlines remain as set. Signed by Judge Robert A. Richardson on 5/4/2016. (Hanna, J) (Entered: 05/04/2016)
352016-05-25 ORDER: Status conference is scheduled for 6/1/2016 at 10:30 AM in Chambers Room 258, 450 Main St., Hartford CT before Judge Richardson. Signed by Judge Robert A. Richardson on 5/25/2016. (Hanna, J) (Entered: 05/25/2016)
362016-05-26 NOTICE: Due to a change in the court's calendar, the status conference set for 6/1/16 will now be at 10:00 AM in Chambers Room 258, 450 Main St., Hartford, CT. Please note the change. Signed by Judge Robert A. Richardson on 5/56/2016. (Hanna, J) (Entered: 05/26/2016)
372016-05-27 NOTICE of Appearance by Hugh I. Manke on behalf of Tweed-New Haven Airport Authority (Manke, Hugh) (Entered: 05/27/2016)
382016-06-01 Minute Entry for proceedings held before Judge Robert A. Richardson: Status Conference held on 6/1/2016. Total time: 30 minutes. (Klebes, K) (Entered: 06/01/2016)
392016-06-30 MOTION to Dismiss by George Jepsen.Responses due by 7/21/2016 (Graham, Drew) (Entered: 06/30/2016)
402016-06-30 Memorandum in Support re 39 MOTION to Dismiss filed by George Jepsen. (Graham, Drew) (Entered: 06/30/2016)
412016-07-14 MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Dismiss until 8/1/2016 by Tweed-New Haven Airport Authority. (Klepps, Christopher) (Entered: 07/14/2016)
422016-07-27 Consent MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Dismiss until 08/08/2016 by Tweed-New Haven Airport Authority. (Klepps, Christopher) (Entered: 07/27/2016)
432016-07-27 ORDER granting 42 Plaintiff's Motion for Extension of Time until 8/8/16 to file his Response/Reply as to 39 Defendant's Motion to Dismiss. Signed by Judge Robert A. Richardson on 7/27/16. (Klebes, K) (Entered: 07/27/2016)
442016-08-08 Memorandum in Opposition re 39 MOTION to Dismiss filed by Tweed-New Haven Airport Authority. (Klepps, Christopher) (Entered: 08/08/2016)
452016-08-22 Memorandum in Support re 39 MOTION to Dismiss filed by George Jepsen. (Graham, Drew) (Entered: 08/22/2016)
462016-09-14 ORDER Setting hearing on 39 Motion to Dismiss: Oral Argument is set for 9/28/16 at 1:00 P.M. in the West Courtroom, 450 Main Street, Hartford, CT before Judge Robert A. Richardson. Signed by Judge Robert A. Richardson on 9/14/16. (Klebes, K) (Entered: 09/14/2016)
472016-09-15 ORDER Setting Hearing on 39 Motion to Dismiss: Motion Hearing set for 9/29/2016 at 10:00 AM in West Courtroom, 450 Main St., Hartford, CT before Judge Robert A. Richardson. Signed by Judge Robert A. Richardson on 9/15/16. (Klebes, K) (Entered: 09/15/2016)
482016-09-15 ORDER: The hearing for oral arguments scheduled for September 28, 2016 at 1:00 P.M. 46 is rescheduled for September 29, 2016 at 10:00 A.M. 47 before Judge Robert A. Richardson. Signed by Judge Robert A. Richardson on 9/15/16. (Klebes, K) (Entered: 09/15/2016)
492016-09-29 Minute Entry. Proceedings held before Judge Robert A. Richardson: taking under advisement 39 Motion to Dismiss; Motion Hearing held on 9/29/2016 re 39 MOTION to Dismiss filed by George Jepsen. Total Time: 1 hour and 30 minutes(Court Reporter Falzarano Reporting.) (Blue, A.) (Entered: 09/29/2016)
502016-11-01 Joint MOTION for to Modify Scheduling Order Order by George Jepsen. (Graham, Drew) (Entered: 11/01/2016)
512016-11-02 ORDER granting 50 the parties' Joint Motion to Modify the Scheduling Order and rescheduling the Bench Trial currently scheduled for November 15, 2016 at 10:00 AM to February 15, 2017 at 10:00 AM. Signed by Judge Robert A. Richardson on 11/2/16. (Klebes, K) (Entered: 11/02/2016)
522016-11-03 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 2/15/2017 at 10:00 AM in West Courtroom, 450 Main St., Hartford, CT before Judge Robert A. Richardson. (Klebes, K) (Entered: 11/03/2016)
532016-12-09 ORDER denying Defendant's 39 Motion to Dismiss. See attached ruling, 22 pages. Signed by Judge Robert A. Richardson on 12/9/16. (Klebes, K) (Entered: 12/09/2016)
542017-01-12 Consent MOTION for Extension of Time until 3/22/2017 to extend trial date from 2/15/17 by Tweed-New Haven Airport Authority. (Klepps, Christopher) (Entered: 01/12/2017)
552017-01-17 ORDER: A telephonic status conference is scheduled for 1/26/17 at 4:00 pm to discuss the parties' consent motion for extension of time (Dkt. # 54) until 3/22/17 to extend the trial date and to discuss other details relevant to the upcoming bench trial. Signed by Judge Robert A. Richardson on 1/17/17. (Klebes, K) (Entered: 01/17/2017)
562017-01-26 Minute Entry for proceedings held before Judge Robert A. Richardson: Status Conference held on 1/26/2017. Total time: 20 minutes. (Klebes, K) (Entered: 01/26/2017)
572017-01-27 ORDER granting 54 Motion for Extension of Time to extend bench trial date from 2/15/17 to 3/22/17. The joint trial memorandum shall be due on or before 3/1/17. The date for a final pre-trial conference will be posted after the parties have submitted their joint trial memorandum. Signed by Judge Robert A. Richardson on 1/27/17. (Klebes, K) (Entered: 01/27/2017)
582017-01-27 Docket Entry Correction. Trial Brief due by 3/1/2017. Bench Trial set for 3/22/2017 at 10:00 AM in West Courtroom, 450 Main St., Hartford, CT before Judge Robert A. Richardson. (Fernandez, C.) (Entered: 01/27/2017)
592017-03-10 Joint STIPULATION re 58 Docket Annotation Joint Trial Memorandum by Tweed-New Haven Airport Authority. (Klepps, Christopher) (Entered: 03/10/2017)
602017-03-13 ORDER: A pretrial conference is scheduled for 3/15/17 at 1:00 pm with Judge Richardson. Signed by Judge Robert A. Richardson on 3/13/17. (Klebes, K) (Entered: 03/13/2017)
612017-03-13 AFFIDAVIT re 59 Stipulation Signed By Tom Reich filed by Tweed-New Haven Airport Authority. (Klepps, Christopher) (Entered: 03/13/2017)
622017-03-13 AFFIDAVIT re 59 Stipulation Signed By Tim Larson filed by Tweed-New Haven Airport Authority. (Klepps, Christopher) (Entered: 03/13/2017)
632017-03-13 AFFIDAVIT re 59 Stipulation Signed By Charles Kurtz filed by Tweed-New Haven Airport Authority. (Klepps, Christopher) (Entered: 03/13/2017)
642017-03-13 AFFIDAVIT re 59 Stipulation Signed By Robert Furey filed by Tweed-New Haven Airport Authority. (Klepps, Christopher) (Entered: 03/13/2017)
652017-03-15 Minute Entry for proceedings held before Judge Robert A. Richardson: Pretrial Conference held on 3/15/2017. Total time: 20 minutes. (Klebes, K) (Entered: 03/15/2017)
662017-03-15 ORDER: The bench trial scheduled for 3/22/17 at 10:00 am will take place in Courtroom 1. Signed by Judge Robert A. Richardson on 3/15/17. (Klebes, K) (Entered: 03/15/2017)
672017-03-22 Minute Entry for proceedings held before Judge Robert A. Richardson: Begun and Bench Trial completed on 3/22/2017. Total Time: 5 hours and 5 minutes(Court Reporter Falzarano Reporters.) (Blue, A.) (Additional attachment(s) added on 3/23/2017: # 1 REPLACEMENT PDF) (Blue, A.). (Entered: 03/23/2017)
682017-03-22 Marked Exhibit and Witness List by City of New Haven, George Jepsen, Tweed-New Haven Airport Authority. (Blue, A.) (Entered: 03/23/2017)
692017-03-23 Docket Entry Correction re 67 Begun and Bench Trial - Completed re: REPLACEMENT PDF (Blue, A.) (Entered: 03/23/2017)
702017-03-23 ORDER: Simultaneous post trial briefs are due by 5/9/17. The parties have until 5/16/17 to request oral argument. Signed by Judge Robert A. Richardson on 3/23/17. (Klebes, K) (Entered: 03/23/2017)