Briscoe v. New Haven

Filing 100

ORDER (see attached) granting 52 Defendant's Motion to Dismiss; denying 63 Plaintiff's Motion to Amend; denying as moot 70 Plaintiff's Motion for Preliminary Injunction; denying as moot 71 Plaintiff's Motion to Conduct Dis covery and Modify Protective Order; denying as moot 30 Sean Patton's Motion to Intervene; denying as moot 75 Sean Patton's Motion for an Order; denying as moot 77 Matthew Marcarelli's Motion to Intervene; denying as moot 81 Defendant's Motion to Dismiss the Second Amended Complaint. Opinion to follow. Signed by Judge Charles S. Haight, Jr. on April 21, 2010. (Lacedonia, J.)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MICHAEL BRISCOE, Plaintiff, v. 3:09-cv-1642 (CSH) CITY OF NEW HAVEN, Defendant. RULING ON PENDING MOTIONS HAIGHT, Senior District Judge: Defendant's Motion to Dismiss the Amended Complaint [Doc. 52] is GRANTED. Plaintiff's Motion to File a Second Amended Complaint [Doc. 63] is DENIED. Defendant's Motion to Dismiss the Second Amended Complaint [Doc. 81], which was filed on a contingent basis should the amendment be permitted, is DENIED AS MOOT. All other pending motions are DENIED AS MOOT. This includes the Motions to Intervene by Sean Patton [Doc. 30] and Matthew Marcarelli [Doc. 77], and Sean Patton's Motion for a Ruling on his Motion to Intervene [Doc. 75], as well as Plaintiff's Motion for Preliminary Injunction [Doc. 70] and Plaintiff's Motion to Conduct Discovery and Modify Protective Order [Doc. 71]. In light of these rulings, the hearing on Plaintiff's motion for a preliminary injunction, which was tentatively scheduled for this Friday, April 23, 2010, is cancelled. A Memorandum of Opinion setting forth the reasons for these rulings will issue subsequently. SO ORDERED. Dated: New Haven, Connecticut, April 21, 2010. /s/ Charles S. Haight, Jr. ______ Charles S. Haight, Jr. Senior United States District Judge

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