Richard v. Strom et al

Filing 80

OMNIBUS RULING, PRELIMINARY EXHIBIT LIST, AND DEFENDANTS' EXHIBITS (see attached). Since Plaintiff is now represented by counsel, his 50 Motion to Compel, additional 61 Motion to Compel, and 62 Motion to Seize are DEN IED without prejudice to refiling by counsel. Accordingly, the only remaining motion in this matter is Plaintiff's 63 Motion for Preliminary Injunction. Given (1) the extensive arguments at the evidentiary hearing conducted on June 2, 2 021 and June 3, 2021 ("Evidentiary Hearing") and (2) the subsequent appointment of Plaintiff's counsel, the Court hereby DIRECTS the Parties to provide further briefing on Plaintiff's Motion for Preliminary Injunction in ac cordance with the following schedule. Plaintiff must file an initial brief on or before February 1, 2022. Defendants must file any opposition on or before March 1, 2022. Plaintiff must file any reply on or before April 1, 2022. T he factual record upon which the Court will base its decision on Plaintiff's Motion for Preliminary Injunction will close on April 1, 2022. The Court attaches to this Ruling (1) a list of all Exhibits which were admitted into evide nce during the Evidentiary Hearing (the "Preliminary Exhibit List") and (2) the Exhibits Defendants introduced at the Evidentiary Hearing. The Ruling contains additional instructions for Plaintiff's submission of the Exhibits marked Pl f. Nos. 1-18 in the Preliminary Exhibit List as well as any additional proposed Exhibits. The Ruling also contains further instructions for Defendants' submission of any additional proposed exhibits. IT IS SO ORDERED. Signed by Judge Charles S. Haight, Jr. on November 17, 2021. (Attachments: # 1 Supplement Preliminary Exhibit List, # 2 Supplement Defendants' Exhibits) (Noble, N.)

Case 3:18-cv-01451-CSH Document 80 Filed 11/17/21 Page 1 of 4

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
ALI RICHARD,
Plaintiff,
v.
STEVEN R. STROM, NANCY O’BRASKEY,
REVEREND WILLIAMS, KARL LEWIS,
JOHN ALDI, SCOTT ERFE, MICHAEL
BIBENS, WILLIAM MULLIGAN, DEPUTY
WARDEN MUDANO, COMMISSARY
SERVICE MANAGER FAILLA, COUNSELOR
SUPERVISOR BLANCHARD,
CORRECTIONAL OFFICER WHITE, and
MAILROOM PERSONNEL NORTON,

Case No. 3:18-cv-1451 (CSH)
NOVEMBER 17, 2021

Defendants.

OMNIBUS RULING, PRELIMINARY EXHIBIT LIST, AND DEFENDANTS’ EXHIBITS
HAIGHT, Senior District Judge:
On June 2, 2021 and June 3, 2021, the Court held an evidentiary hearing (“Evidentiary
Hearing”) to create a factual record upon which the Court will base its decision on Plaintiff’s
Motion for Preliminary Injunction, Doc 63. The Court subsequently noted that the Evidentiary
Hearing “has been continued and the record has been held open pending the Court’s forthcoming
scheduling order.” Doc. 72 at pp. 3-4. On July 7, 2021, pursuant to the Court’s Order granting
Plaintiff’s Motion to Appoint Counsel, Dkt. 75, Attorney Michael E. Driscoll appeared on behalf
of Plaintiff. See Dkt. 79. Since Plaintiff is now represented by counsel, his Motion to Compel,
Doc. 50, additional Motion to Compel, Doc. 61, and Motion to Seize, Doc. 62, are DENIED
without prejudice to refiling by counsel.
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Case 3:18-cv-01451-CSH Document 80 Filed 11/17/21 Page 2 of 4

Accordingly, the only remaining motion in this matter is Plaintiff’s Motion for Preliminary
Injunction.

Given the extensive arguments at the Evidentiary Hearing and the subsequent

appointment of Plaintiff’s counsel, the Court hereby DIRECTS the Parties to provide further
briefing on Plaintiff’s Motion for Preliminary Injunction in accordance with the following
schedule. Plaintiff must file an initial brief on or before February 1, 2022. Defendants must file
any opposition on or before March 1, 2022. Plaintiff must file any reply on or before April 1,
2022. The factual record upon which the Court will base its decision on Plaintiff’s Motion for
Preliminary Injunction will close on April 1, 2022. The Court attaches to this Ruling a list of all
Exhibits which were admitted into evidence during the Evidentiary Hearing (the “Preliminary
Exhibit List”).
The Court DIRECTS Plaintiff to attach to his initial brief the Exhibits marked Plf. Nos. 118 in the Preliminary Exhibit List. Each Exhibit should be labeled with the appropriate number
based on the Preliminary Exhibit List. Directions regarding the submission of certain Exhibits are
as follows:
•

Plf. No. 9: Plaintiff must attach a color photocopy of the photograph Plaintiff offered
as evidence during the Evidentiary Hearing to his initial brief.

•

Plf. Nos. 10-13 (“Object Evidence”): Plaintiff must attach one appropriately labeled
color photocopy of a color photograph of each item of Object Evidence to his initial
brief. 1

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For example, Plaintiff should submit Plf. No. 10, Prayer Rug, as a color photocopy of a color
photograph of the prayer rug Plaintiff offered as evidence during the Evidentiary Hearing.
Similarly, Plaintiff should submit Plf. No. 11, Face Mask, as a color photocopy of a color
photograph of the face mask Plaintiff offered as evidence during the Evidentiary Hearing.
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Case 3:18-cv-01451-CSH Document 80 Filed 11/17/21 Page 3 of 4

•

Plf. No. 16: Plaintiff must attach, as a single Exhibit, (1) a photocopy of the cover of
Standing on the True Square, (2) any pages containing bibliographical information
such as the author(s) of the book, the year of publication, and copyright details, and (3)
photocopies of the pages containing the material Plaintiff referenced during the
Evidentiary Hearing.

If Plaintiff intends to introduce additional Exhibits into the record that were not introduced during
the Evidentiary Hearing, the Court DIRECTS Plaintiff to attach these proposed Exhibits to his
initial brief. Plaintiff should label his first proposed additional Exhibit with the number nineteen
and continue numbering subsequent Exhibits beginning with the number twenty.
In advance of the Evidentiary Hearing, Defendants submitted the Exhibits they introduced
at the Evidentiary Hearing to the Court. Defendants further represented that they shared these
Exhibits with Plaintiff in advance of the Evidentiary Hearing. Accordingly, Defendants’ Exhibits
are attached to this Ruling. If Defendants intend to introduce additional Exhibits into the record
that were not introduced during the Evidentiary Hearing, the Court DIRECTS Defendants to attach
these proposed Exhibits to their opposition. Defendants should label their first proposed additional
Exhibit “Exhibit O” and continue identifying subsequent Exhibits beginning with the letter “P.”
After the record is closed, the Court will decide which, if any, of the Parties’ proposed
additional Exhibits will be admitted to the record. The Court will then file a final, operative exhibit
list of all Exhibits upon which the Court will rely in deciding Plaintiff’s Motion for Preliminary
Injunction.
It is SO ORDERED.

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Case 3:18-cv-01451-CSH Document 80 Filed 11/17/21 Page 4 of 4

Dated: November 17, 2021
New Haven, Connecticut
/s/Charles S. Haight, Jr.
CHARLES S. HAIGHT, JR.
Senior United States District Judge

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