Case: Miller v. Dunkerton

3:16-cv-00724 | U.S. District Court for the District of Connecticut

Filed Date: May 13, 2016

Closed Date: March 21, 2017

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Case Summary

On April 27, 2016, Plaintiff, a voter in Brookfield, Connecticut, filed this lawsuit in the Connecticut Superior Court against the Republican Registrar of Voters for the Town of Brookfield, Connecticut after not being re-enrolled on the town Republican Party voter rolls. Plaintiff alleged that her constitutional rights were violated, including her right to due process of law and her right to freedom of association. The following month, on May 13, Defendant removed the case to the District of …

On April 27, 2016, Plaintiff, a voter in Brookfield, Connecticut, filed this lawsuit in the Connecticut Superior Court against the Republican Registrar of Voters for the Town of Brookfield, Connecticut after not being re-enrolled on the town Republican Party voter rolls. Plaintiff alleged that her constitutional rights
were violated, including her right to due process of law and her right to freedom of association.

The following month, on May 13, Defendant removed the case to the District of Connecticut on the basis that the controversy involved a federal question and the alleged denial of Plaintiff’s rights under the First and Fourteenth Amendments. The case was heard by Judge Alvin W. Thompson.

On June 10, 2016, Plaintiff moved to remand the case to Connecticut state court arguing the case did not involve a federal question of law. Before the Court reached a judgment, the Defendant also moved to dismiss the case after the Plaintiff was re-enrolled on the Republican voter rolls.

The Court ruled that the controversy involved a federal question, since several constitutional law questions were included in the original complaint. Accordingly, the Court denied the motion to remand the case to Connecticut state court. The Court also dismissed the case since the Plaintiff's sole claim for relief was a petition for a writ of mandamus directing the registrar to enroll the Plaintiff on the voter rolls of the local Republican Party, and she had been reentered onto such voter rolls prior to the Court's judgment. Accordingly, the Court found the case was moot on March 28, 2017.

This case is now closed.

Summary Authors

Trey O'Callaghan (9/15/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18167981/parties/miller-v-dunkerton/

Judge(s)

Attorney for Plaintiff

Copp, Alexander (Connecticut)

Marcus, Neil R. (Connecticut)

Attorney for Defendant

Gerarde, Thomas R. (Connecticut)

Gibbons, Winifred B. (Connecticut)

Rule, Katherine E. (Connecticut)

Judge(s)

Thompson, Alvin W. (Connecticut)

Attorney for Plaintiff

Copp, Alexander (Connecticut)

Marcus, Neil R. (Connecticut)

Attorney for Defendant

Gerarde, Thomas R. (Connecticut)

Gibbons, Winifred B. (Connecticut)

Rule, Katherine E. (Connecticut)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1-2 3:16-cv-00724	Petition (General Status § 9-63) Connecticut state trial court	April 27, 2016	April 27, 2016 Complaint
1 3:16-cv-00724	Notice of Removal	May 13, 2016	May 13, 2016 Other
18 3:16-cv-00724	Motion to Remand	June 10, 2016	June 10, 2016 Pleading / Motion / Brief
19 3:16-cv-00724	Memorandum in Support of Motion to Remand	June 10, 2016	June 10, 2016 Pleading / Motion / Brief
25 3:16-cv-00724	Defendant Thomas Dunkerton's Opposition to Plaintiff's Motion for Remand	July 15, 2016	July 15, 2016 Pleading / Motion / Brief
26 3:16-cv-00724	Defendant's Motion to Dismiss / Suggestion of Mootness	July 20, 2016	July 20, 2016 Pleading / Motion / Brief
28 3:16-cv-00724	Reply Brief in Further Support of Motion to Remand	July 29, 2016	July 29, 2016 Pleading / Motion / Brief
30 3:16-cv-00724	Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss	Aug. 10, 2016	Aug. 10, 2016 Pleading / Motion / Brief
31 3:16-cv-00724	Reply to Plaintiff's Brief in Opposition to Motion to Dismiss	Aug. 16, 2016	Aug. 16, 2016 Pleading / Motion / Brief
32 3:16-cv-00724	Supplement to Defendant's Motion to Dismiss	Oct. 19, 2016	Oct. 19, 2016 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18167981/miller-v-dunkerton/

Last updated March 31, 2026, 5:13 a.m.

ECF Number	Date	Description	Link
1	May 13, 2016	NOTICE OF REMOVAL by Thomas Dunkerton from Danbury Superior Court, case number DBD-cv16-6019696. Filing fee $ 400 receipt number 0205-3997792, filed by Thomas Dunkerton. (Attachments: # 1 Exhibit Summons, # 2 Exhibit Complaint)(Gerarde, Thomas) (Entered: 05/13/2016) 1 Exhibit Summons View on RECAP 2 Exhibit Complaint View on RECAP	Clearinghouse
2	May 13, 2016	NOTICE of Appearance by Thomas R. Gerarde on behalf of Thomas Dunkerton (Gerarde, Thomas) (Entered: 05/13/2016)	RECAP
3	May 13, 2016	NOTICE by Thomas Dunkerton re 1 Notice of Removal, NOTICE OF PENDING MOTIONS (Attachments: # 1 Exhibit Plaintiff's Order to Show Cause, # 2 Exhibit Court Order for Hearing)(Gerarde, Thomas) (Entered: 05/13/2016)	RECAP
4	May 13, 2016	DEMAND for Trial by Jury by Thomas Dunkerton. (Gerarde, Thomas) (Entered: 05/13/2016)	RECAP
5	May 13, 2016	NOTICE by Thomas Dunkerton re 1 Notice of Removal, COMPLIANCE WITH STANDING ORDER IN REMOVED CASES (Gerarde, Thomas) (Entered: 05/13/2016)	RECAP
6	May 13, 2016	NOTICE by Thomas Dunkerton re 1 Notice of Removal, CERTIFICATE OF FILING AND SERVICE OF NOTICE OF REMOVAL (Gerarde, Thomas) (Entered: 05/13/2016)	RECAP
7	May 13, 2016	NOTICE of Appearance by Katherine E. Rule on behalf of Thomas Dunkerton (Rule, Katherine) (Entered: 05/13/2016)	RECAP
8	May 13, 2016	NOTICE of Appearance by Winifred E. Binda on behalf of Thomas Dunkerton (Binda, Winifred) (Entered: 05/13/2016)	RECAP
9	May 13, 2016	NOTICE by Thomas Dunkerton re 1 Notice of Removal, NOTICE OF RELATED CASE (Gerarde, Thomas) (Entered: 05/13/2016)	RECAP
10	May 13, 2016	Order on Pretrial Deadlines: Motions to Dismiss due on 8/13/2016. Amended Pleadings due by 7/12/2016. Discovery due by 11/12/2016. Dispositive Motions due by 12/12/2016. Signed by Clerk on 5/13/2016. (Shafer, J.) (Entered: 05/13/2016)	RECAP
11	May 13, 2016	ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 5/13/2016. (Shafer, J.) (Entered: 05/13/2016)	RECAP
12	May 13, 2016	STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 5/13/2016. (Shafer, J.) (Entered: 05/13/2016)	Clearinghouse
13	May 13, 2016	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 5/13/2016. (Shafer, J.) (Entered: 05/13/2016)	RECAP
14	May 13, 2016	NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 12 Standing Protective Order, 2 Notice of Appearance filed by Thomas Dunkerton, 11 Electronic Filing Order, 5 Notice (Other) filed by Thomas Dunkerton, 6 Notice (Other) filed by Thomas Dunkerton, 8 Notice of Appearance filed by Thomas Dunkerton, 3 Notice (Other) filed by Thomas Dunkerton, 13 Order Re: Chambers Practices, 9 Notice (Other) filed by Thomas Dunkerton, 7 Notice of Appearance filed by Thomas Dunkerton, 4 Jury Demand filed by Thomas Dunkerton, 1 Notice of Removal, filed by Thomas Dunkerton, and 10 Order on Pretrial Deadlines. Signed by Clerk on 5/13/2016. (Attachments: # 1 Standing Order on Removal Cases) (Shafer, J.) (Entered: 05/13/2016)	RECAP
	May 13, 2016	Add and Terminate Judges
	May 13, 2016	Judge Vanessa L. Bryant added. (Basha, D.)
15	May 18, 2016	Consent MOTION for Extension of Time until June 19, 2016 to plead 1 Notice of Removal, by Thomas Dunkerton. (Rule, Katherine) (Entered: 05/18/2016)	RECAP
16	May 23, 2016	ORDER granting 15 Motion for Extension of Time. Motions for extension of time will not be granted without good cause The good cause standard requires a particularized showing that the time limitation in question cannot reasonably be met despite the diligence of the party seeking the extension. D. Conn. L. R. 7(b)(2). Future motions which do not meet this standard will be denied.Signed by Judge Vanessa L. Bryant on 5-23-16. (Bryant, Vanessa) (Entered: 05/23/2016)	RECAP
	May 23, 2016	Order on Motion for Extension of Time
17	June 10, 2016	NOTICE of Appearance by Alexander Copp on behalf of Jane Miller (Copp, Alexander) (Entered: 06/10/2016)	RECAP
18	June 10, 2016	MOTION to Remand to State Court by Jane Miller.Responses due by 7/1/2016 (Copp, Alexander) (Entered: 06/10/2016)	Clearinghouse
19	June 10, 2016	Memorandum in Support re 18 MOTION to Remand to State Court filed by Jane Miller. (Attachments: # 1 Exhibit Exhibits A-B)(Copp, Alexander) (Entered: 06/10/2016) 1 Exhibit Exhibits A-B View on RECAP	Clearinghouse
20	June 22, 2016	MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Remand to State Court until July 15, 2016 by Thomas Dunkerton. (Rule, Katherine) (Entered: 06/22/2016)	RECAP
21	June 23, 2016	ORDER granting 20 Motion for Extension of Time to File Response/Reply re 18 MOTION to Remand to State Court Responses due by 7/15/2016. Counsel is advised that future motions for extensions of deadlines will not provide the Court with good cause pursuant to Local Rule 7(b) on the basis of counsel's workload or vacation schedule. Signed by Judge Vanessa L. Bryant on 6/23/16. (Shechter, N.) (Entered: 06/23/2016)	RECAP
	June 23, 2016	Order on Motion for Extension of Time to File Response/Reply to Motion
22	July 7, 2016	26(f) NOTICE: The Court has reviewed the file in this case to monitor the parties compliance with Local Rule 26(f). Local Rule 26(f) provides that, within 30 days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within 10 days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties must file on or before: July 21, 2016, (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 07/07/16.(Fernandez, C.) (Entered: 07/07/2016)	RECAP
	July 7, 2016	~Util - Set Deadlines/Hearings AND Order
23	July 12, 2016	Joint REPORT of Rule 26(f) Planning Meeting. (Gibbons, Winifred) (Entered: 07/12/2016)	RECAP
24	July 12, 2016	RESPONSE TO 22 Order,,,,, Set Deadlines/Hearings,,,,. (Gibbons, Winifred) (Entered: 07/12/2016)	RECAP
25	July 15, 2016	Memorandum in Opposition re 18 MOTION to Remand to State Court filed by Thomas Dunkerton. (Rule, Katherine) (Entered: 07/15/2016)	Clearinghouse
26	July 20, 2016	MOTION to Dismiss by Thomas Dunkerton.Responses due by 8/10/2016 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Rule, Katherine) (Entered: 07/20/2016) 1 Memorandum in Support View on RECAP 2 Exhibit A View on RECAP	Clearinghouse
27	July 22, 2016	ORDER OF TRANSFER. Case reassigned to Judge Alvin W. Thompson for all further proceedings Signed by Judge Vanessa L. Bryant on 7/22/16.(Johnson, D.) (Entered: 07/22/2016)	RECAP
28	July 29, 2016	REPLY to Response to 18 MOTION to Remand to State Court filed by Jane Miller. (Copp, Alexander) (Entered: 07/29/2016)	Clearinghouse
29	Aug. 8, 2016	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 8/10/2016 at 04:00 PM before Parajudicial Officer James R. Hawkins II in Room 426 of the Bridgeport courthouse, 915 Lafayette Blvd, Bridgeport, CT 06604. (Calle, K) (Entered: 08/08/2016)	RECAP
	Aug. 8, 2016	Calendar Entry
30	Aug. 10, 2016	Memorandum in Opposition re 26 MOTION to Dismiss filed by Jane Miller. (Copp, Alexander) (Entered: 08/10/2016)	Clearinghouse
31	Aug. 16, 2016	REPLY to Response to 26 MOTION to Dismiss filed by Thomas Dunkerton. (Rule, Katherine) (Entered: 08/16/2016)	Clearinghouse
32	Oct. 19, 2016	Supplemental Memorandum in Support re 26 MOTION to Dismiss filed by Thomas Dunkerton. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rule, Katherine) (Entered: 10/19/2016) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	Clearinghouse
33	March 28, 2017	ORDER: For the reasons set forth herein, the plaintiff's Motion to Remand to State Court (Doc. No. 18 ) is hereby DENIED. It is so ordered. Signed by Judge Alvin W. Thompson on 3/28/2017. (Limbachia, V.) (Entered: 03/28/2017)	Clearinghouse
34	March 28, 2017	ORDER: For the reasons set forth herein, the defendant's Motion to Dismiss (Doc. No. 26 ) is hereby GRANTED. The Clerk shall close this case. It is so ordered. Signed by Judge Alvin W. Thompson on 3/28/2017. (Limbachia, V.) (Entered: 03/28/2017)	Clearinghouse
35	March 31, 2017	JUDGMENT entered DISMISSING this case. For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 3/31/17.(Ferguson, L.) (Entered: 03/31/2017)	Clearinghouse
	March 31, 2017	Judicial Evaluation Program Survey
	March 31, 2017	JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Ferguson, L.)