Edwards v. Bertuccis Italian Restaurant

Defendant: Bertuccis Italian Restaurant
Plaintiff: Robert S. Edwards
 
Case Number: 1:2013cv10604
Filed: March 12, 2013
 
Court: Massachusetts District Court
Office: Boston Office
County: Middlesex
Presiding Judge: F. Dennis Saylor
 
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42:1218(2) Americans with Disabilities Act
Jury Demanded By: None

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Date Filed#Document Text
April 8, 2013 12 Featured Case Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered: Plaintiff's letter/request (Docket No. 8) seeking relief in the form of: (a) a Court order tothe Milford Federal Savings Bank; and (b) appointment of pro bono counsel, is DENIED. Plaintif f's motion for summary judgment against the defendant (Docket No. 9) is DENIED. Plaintiff's motion for recusal (Docket No. 10) seeking relief in the form of: (a) recusal; (b) appointment of pro bono counsel; (c) payment of $150.00 tow ard the filing fee; (d) an order to the Milford Federal Savings Bank with respect to trust funds; (e) a court-ordered settlement; and (f) the award of monetary damages is DENIED in its entirety. Plaintiff's letter/request (Docket No. 11) seeking an order directing the transfer of fundsfrom one bank to another is DENIED; however, his request for an extension of time to comply with the directives contained in the memorandum and order is ALLOWED. Plaintiff shall file an amended complaint comp orting with Rule 8 by June 7, 2013. Plaintiff is PROHIBITED from filing any further letters or motions until after compliance with the memorandum and order to file an amended complaint comporting with Rule 8, and after the defendant has filed a resp onsive pleading if this action is permitted to proceed further. Plaintiff is PROHIBITED from filing "letters" seeking relief from the Court. Should heseek relief, he must file his request in the form of a "motion" stating precisely what relief is sought and the basis for such relief. Plaintiff is WARNED that failure to comply with the directives contained herein mayresult in the imposition of sanctions, including a dismissal of this action. (PSSA, 1)
May 13, 2013 27 Featured Case Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered: Plaintiff's letter/request for a court order (Docket No. 14) is DENIED. Plaintiff's Motion for Appointment of Counsel (Docket No. 18) is DENIED. Plaintiff's Motion for Appointme nt of Counsel (Docket No. 25) is DENIED. Plaintiff's Request for an Order Prohibiting Family from Talking About This Case (Docket No. 22) is DENIED. Plaintiff's Motion to "Throw Out" the Position Statement of Bertucci's Corp. that was given to the EEOC (Docket No. 23) is DENIED. Plaintiff's Motion for Recusal (Docket No. 24) is DENIED. All claims against Christina McSwain are DISMISSED. Plaintiff's claims under the ADEA, Equal Pay Act, and Title VII are DISMISS ED. The Court will permit only the ADA claim against Bertucci's Italian Restaurant to proceed. The clerk shall issue a summons only as to Bertucci's Italian Restaurant. The Clerk shall send the summons, a copy of the amended complaint, and this memorandum and order to plaintiff, who must thereafter serve defendant in accordance with Federal Rule of Civil Procedure 4(m). Plaintiff may elect to have service made by the United States Marshal Service. If directed by plaintiff to do so, the United States Marshal Service shall serve the summons, amended complaint, and this memorandum and order upon defendant, in the manner directed by plaintiff, with all costs of service to be advanced by the United States Marshal Service. (PSSA, 1)
September 11, 2013 59 Featured Case Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered: Plaintiff's Motion for Damages (Docket No. 31) is DENIED, and his proposed Amended Complaint and request for summary judgment for damages against the defendant (incorporated within the Mo tion for Damages), is DENIED. Plaintiff's Motions and Letters for Damages and for other relief (Docket Nos. 38, 39, 40, 41, 43, 45, 48, 49, 50, 51, 52, 53, 56, 57, and 58) are DENIED. Defendant's Motion to Strike Plaintiffs Motions (Docket No. 45) is DENIED. Plaintiff is PROHIBITED from filing any further motions, letters, or requests seeking damages, accommodation, or other substantive relief until further order of this Court. Plaintiff is WARNED that failure to comply with this Court s directives may result in the imposition of sanctions, including the dismissal of this action with prejudice. Plaintiff is WARNED that any future filings must be legible. Defendant's Motion to Dismiss (Docket No. 32) is DENIED without prejudice to its renewal. The Clerk shall reissue a summons with respect to defendant Bertucci's and shall send to plaintiff the reissued summons, a copy of the Amended Complaint (Docket No. 19), a copy of the Memorandum and Order (Docket No. 27), and a copy of this Memorandumand Order. Plaintiff is directed to serve those documents on defendant Bertuccis in accordance with Rule 4 of the Federal Rules of Civil Procedure and file Proof of Service within 30 days of the date of this Memorandum and Order. If directed to do so by the plaintiff, the United States Marshals Service shall effect service of process as directed, and shall advance the costs of service.(PSSA, 1)
October 31, 2013 72 Featured Case Judge F. Dennis Saylor, IV: ORDER entered. MEMORANDUM AND ORDER: All requests for relief contained in plaintiff's letters/motions (Docket Nos. 61, 62, 63, 66, 67,68, and 70) are DENIED.Plaintiff is again WARNED that he may be subject to sanctions, and he isPROHIBITED from filing any further letters or motions seeking relief thatpreviously was sought, until Bertucci's has filed a responsive pleading to theamended complaint.(PSSA, 1)

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Defendant: Bertuccis Italian Restaurant
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Plaintiff: Robert S. Edwards
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