Foundation Capital Resources, Inc. v. Prayer Tabernacle Church of Love, Inc. et al

Filing 153

ORDER TO SHOW CAUSE RE: SETTING OF LAW DAYS. Defendant has not objected to plaintiff's motion, Doc. # 148 , and the Court accordingly intends to grant it with one modification. Plaintiffs in this action propose that law days be set for June 15, 2020 and June 16, 2020. On May 15, the Chief Administrative Judge for Civil Matters of the Connecticut Judicial Branch issued an order immediately staying law days in the state judicial system until July 7, 2020 owing to the present COVID-19 pandemic . See Connecticut Judicial Branch, Covid-19 Information (last accessed May 28, 2020), https://jud.ct.gov/COVID19.htm [https://perma.cc/7B97-R66G] (collecting orders). It is unclear whether this state administrative order applies to a fe deral court sitting in diversity. See generally Gasperini v. Ctr. for Humanities, Inc., 518 U.S. 415 (1996); cf. Shady Grove Orthopedic Assocs., P.A. v. Allstate Ins. Co., 559 U.S. 393, 420 (2010) (Stevens, J., concurring) ("When a State chooses to use a traditionally procedural vehicle as a means of defining the scope of substantive rights or remedies, federal courts must recognize and respect that choice"). In light of this legal uncertainty, the relatively brief period between the proposed law days and law days that would conform with the state's Judicial Branch order, and considerations of comity, the Court is inclined to set law days for Wednesday, July 8, 2020, and Thursday, July 9, 2020. Plaintiff is orde red to show cause why law days should not be set for these dates not later than June 3, 2020. If plaintiff does not object to these proposed law days, they may file a statement to that effect on lieu of a response to this order. It is so ordered. Signed by Judge Jeffrey A. Meyer on 5/28/2020. (Webley, A)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

FOUNDATION CAPITAL RESOURCES,
INC.,
Plaintiff,
No. 3:17-cv-00135 (JAM)

v.
PRAYER TABERNACLE CHURCH OF
LOVE, INC.,
Defendant.

ORDER TO SHOW CAUSE RE: SETTING OF LAW DAYS
Defendant Prayer Tabernacle Church of Love, Inc., has not objected to plaintiff's motion
for a judgment of foreclosure, Doc. #148, and the Court accordingly intends to grant the motion
with one modification.
Plaintiffs in this action propose that law days be set for June 15, 2020 and June 16, 2020.
On May 15, the Chief Administrative Judge for Civil Matters of the Connecticut Judicial Branch
issued an order immediately staying law days in the state judicial system until July 7, 2020
owing to the present COVID-19 pandemic. See Connecticut Judicial Branch, Covid-19
Information (May 28, 2020), https://jud.ct.gov/COVID19.htm [https://perma.cc/7B97-R66G]
(collecting orders). It is unclear whether this state administrative order applies to a federal court
sitting in diversity. See generally Gasperini v. Ctr. for Humanities, Inc., 518 U.S. 415
(1996); cf. Shady Grove Orthopedic Assocs., P.A. v. Allstate Ins. Co., 559 U.S. 393, 420
(2010) (Stevens, J., concurring) (“When a State chooses to use a traditionally procedural vehicle
as a means of defining the scope of substantive rights or remedies, federal courts must recognize
and respect that choice”).

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In light of this legal uncertainty, the relatively brief period between the proposed law
days and law days that would conform with the state's Judicial Branch order, and considerations
of comity, the Court is inclined to set law days for Wednesday, July 8, 2020, and Thursday,
July 9, 2020. Plaintiff is ordered to show cause why law days should not be set for these dates
not later than June 3, 2020. If plaintiff does not object to these proposed law days, they may file
a statement to that effect on lieu of a response to this order. It is so ordered.
Dated at New Haven this 28th day of May 2020.
/s/ Jeffrey Alker Meyer
Jeffrey Alker Meyer
United States District Judge

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