Cross v. Commonwealth of Massachusetts et al
| Elmer E. Cross |
| David Olsen, Michael Williams, John J. Cullinane, Petri Turner, Rosie Cornelison, Commonwealth of Massachusetts, Executive Office of Labor and Workforce Development, Department of Unemployment Assistance, Anthony M Pino, Robert L. Sanders, Kenneth Owens and Clarence Weekes |
| 1:2012cv10424 |
| March 5, 2012 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Jennifer C. Boal |
| Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
29
Judge Richard G. Stearns: Memorandum and ORDER on Defendants' Consolidated Motion to Dismiss, entered granting 27 Motion to Dismiss for Failure to State a Claim "the case is DISMISSED with prejudice." copy Mr. Cross on 7/16/13. (Flaherty, Elaine)
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Filing
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Judge Richard G. Stearns: ORDER entered. MEMORANDUM AND ORDER: Plaintiff's Motion to Amend Complaint (Docket No. 12) is ALLOWED; The Clerk shall issue summonses with respect to: (a) the Commonwealth of Massachusetts Executive Office of Labor an d Workforce Development/Department of Workforce Development/Division of Unemployment Assistance; (b) Petri Turner; (c) Kenneth Owens; (d) Michael Williams; (e) David Olsen; (f) John Cullinane; and (g) Eugene Sullivan; The Clerk shall send the summon ses, a copy of the amended complaint, and this Memorandum and Order to the plaintiff, who must thereafter serve the defendants in accordance with Federal Rule of Civil Procedure 4(m). The plaintiff may elect to have service made by the United States Marshal Service. If directed by the plaintiff to do so, the United States Marshal Service shall serve the summonses, a copy of the amended complaint, and this Memorandum and Order upon each defendant in the manner directed by the plaintiff, with all costs of service to be advanced by the United States Marshal Service. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 120 days from the date of this Order to complete service; Except for the retaliation claims, all of plaintiffs other claims against defendants Petri Turner; Kenneth Owens; Michael Williams; David Olsen; John Cullinane; and Eugene Sullivan are DISMISSED; All claims against defendants John Mann, Christopher C. Bowman, and Attorney Douglas Lovenberg are DISMISSED.(PSSA, 1)
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Filing
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Magistrate Judge Jennifer C. Boal: MEMORANDUM AND ORDER entered: Plaintiff's Motion for Leave to Proceed in forma pauperis (Docket No. 3) is ALLOWED; Plaintiff's Motion to Appoint Counsel (Docket No. 2) is DENIED without prejudice; Within 3 5 days of the date of this Memorandum and Order, plaintiff shall file an amended complaint (curing the pleading deficiencies) in accordance with Rule 8 of the Federal Rule of Civil Procedure; The Clerk shall provide plaintiff with the form for Consen t/Refusal of Magistrate Judge Jurisdiction and the instructions for that form ("consent package"); and Within 35 days of the date of this Memorandum and Order, plaintiff shall advise the Court as to whether he wishes to consent to proceedings before a Magistrate Judge.(PSSA, 1)
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