Free Order on Motion to Vacate - District Court of Connecticut - Connecticut

Case 3:00—cv—00339-RNC Document 137 Filed 07/26/2006 Page 1 of 1
Case 3:00-cv—OO339—RNC Document 121 Filed 02/17/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
THOMAS O'CONNOR, : NO.: 3:00CV339 (RNC)
v.
LYNNE B. PIERSON, ET AL FEBRUARY 17, 2006
MOTION TO VACATE ORDER T0 REMAND
DATED DECEMBER 12, 2003
E Pursuant to the Second Circuit Court of Appeals ruling on October 11, 2005,
E vacating, in part, this Court's entry of summary judgment and remanding this case to
3, _ District Court, the Defendants, Lynn B. Pierson, Ellen C. Healy, Christopher A.
C; 3 Dumas, Patricia M. Strong, Christine T. Fortunato, Donna H. Hemmann, Stacey
nig ‘ Hodges, John F. Morris, Frederick E. Petrelli, Penny H. Stanziale, and the
if gil Wethersfield Board of Education, hereby move this Court to vacate its order
§ Q remanding the case to the Connecticut Superior Court.
§ L F5 In granting the Defendants Motion for Summary Judgment, this Court no
E I E longer retained subject matterjurisdiction over the Plaintiffs state law causes of
is S action; the Court therefore, logically, remanded that remaining state law claims back
_ D: to the Superior Court, Judicial District of Hartford at Hartford. However, on appeal,
E the Second Circuit vacated summary judgment on the substantive due process
s
g ORAL ARGUMENT IS NOT REQUESTED