Coulter v. Jamsan Hotel Management, Inc. et al
Coulter and Jean Coulter |
Jamsan Hotel Management, Inc, Choice Hotels, Jamsan Hotel Management, Inc., Jamsan Investments, LLC, Aryan Hospitality, LLC, Rushil Hospitality, LLC, Hartwell Hospitality LLC, Meera LLC, Ayushi LLC, Amisha, LLC, Amisha II, LLC, Hitest Patel, Mrs. Hitest Patel, Navin Patel, Ashok Patel, Nikul Patel, Kamleshkumar Patel, Kamlesh Patel, Dilip Patel, Kenneth Biagioni, Choice Hotels International, Aiden Evelyn, Stephen Papia, John Mazerall and James Barry |
1:2016cv12103 |
October 20, 2016 |
US District Court for the District of Massachusetts |
Boston Office |
Barnstable |
Richard G Stearns |
Civil Rights: Other |
28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
None |
Docket Report
This docket was last retrieved on October 13, 2017. A more recent docket listing may be available from PACER.
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Filing 20 MANDATE of USCA as to #15 Notice of Appeal filed by Jean Coulter. Appeal #15 Terminated (Paine, Matthew) |
Filing 19 USCA Judgment as to #15 Notice of Appeal filed by Jean Coulter. AFFIRMED... (Paine, Matthew) |
Filing 18 USCA Case Number 17-1133 for #15 Notice of Appeal filed by Jean Coulter. (Paine, Matthew) |
Filing 17 USCA Appeal Fees received $505.00 receipt number 1BST060641 re #15 Notice of Appeal,,, filed by Jean Coulter (Coppola, Katelyn) |
Filing 16 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #15 Notice of Appeal. (Paine, Matthew) |
Filing 15 NOTICE OF APPEAL as to #10 Order of Remand to the State Court, 8 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,, 13 Order on Motion for Miscellaneous Relief by Jean Coulter NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 2/22/2017. (Flaherty, Elaine) |
Filing 14 Copy of the court's Order on motion to Amend the court's Order mailed to Jean Coulter @ 3000 Chestnut Street, P.O. Box 8094, Philadelphia, PA 19101 and 260 Pullman Square, PMB 172, Butler, PA 16001, on 1/5/17. (MKZ) |
Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #12 Plaintiff's Motion Amend the court's findings. The file was returned to the Superior Court on December 9, 2016. (mkz) |
Filing 12 MOTION to amend findings pursuant to Rule 52 and or rule 59 by Jean Coulter, FILED. (Attachments: #1 Exhibit A)(Flaherty, Elaine) |
Filing 11 Case file sent (certified docket, order of remand) to Clerk, Middlesex Superior Court. (Flaherty, Elaine) |
Filing 10 Judge Richard G. Stearns: ORDER, entered. ORDER OF REMAND to the State Court. Copy mailed to Jean Coulter @ 3000 Chestnut Street, P.O. Box 8094, Philadelphia, PA 19101 and 260 Pullman Square, PMB 172, Butler, PA 16001 on 11/28/16. (Flaherty, Elaine) |
Filing 9 Copy of the court's Order granting defendants' Aiden Evelyn, Stephen Papia, John Mazerall, and James Barry's motion to dismiss and remanding the remaining case to state court was mailed to Jean Coulter at 3000 Chestnut Street, P.O. Box 8094, Philadelphia, PA and 260 Pullman Square, PMB 172, Butler, PA 16001 on 11/28/16. (Zierk, Marsha) |
Filing 8 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #6 Motion to Dismiss for Failure to State a Claim. Plaintiff Jean Coulter previously filed a nearly identical lawsuit to this one against the same defendants. The court dismissed the majority of Coulter's claims on the merits, however, dismissed without prejudice her "lightly pleaded negligence claim" and her breach of contract claim based on prepayment of room charges under Mass. Gen. Laws ch. 140, 12B, finding "under no set of conceivable circumstances could the room charges for twelve nights exceed $75,000 (even if trebled, see Compl. 17, although the facts as plead do not support punitive damages)." See Coulter v. Jamsan Hotel Mgmt., Inc., 15-cv-13355-RGS (D. Mass.) Dkt #18 and #20. On October 18, 2016, the First Circuit Court of Appeals affirmed the dismissal. Id. at Dkt #37. Coulter refiled her suit in Middlesex Superior Court on September 13, 2016, and the previously named police officers from the City of Lexington removed it here. They now move to dismiss asserting, among other defenses, that the doctrine of res judicata prohibits Coulter from reasserting previously unsuccessful claims or adding others that arise out of the alleged earlier events. "[R]es judicata (claim preclusion) normally bars (1) relitigation of claims actually asserted in a tribunal of competent jurisdiction... and (ii) litigation of claims that arose from the same set of operative facts and could have been raised in the prior proceeding." Id. at 527; see also Allen v. McCurry, 449 U.S. 90, 94 (1980); Bay State HMO Mgmt., Inc. v. Tingley Sys., Inc., 181 F.3d 174, 182 (1st Cir. 1999) ("[O]ne purpose of the res judicata doctrine is to prevent a plaintiff from raising claims that should have been raised in an earlier action."). Federal law principles of res judicata govern the preclusive effect of a prior federal court's judgment on a subsequent action brought in a federal court. Apparel Art Int'l, Inc. v. Amertex Enters., Ltd., 48 F.3d 576, 582 & n.7 (1st Cir. 1995) (diversity and federal question cases). "For a claim to be precluded, the following elements must be present: (1) a final judgment on the merits in an earlier suit; (2) sufficient identicality between the causes of action asserted in the earlier and later suits; and (3) sufficient identicality [or privity] between the parties in the two suits." Id. at 583 (discussing the First Circuit's "transactional approach" to determining identicality of causes of action). The transactional approach holds that a valid and final judgment will extinguish subsequent claims "with respect to all or any part of the transaction, or series of connected transactions, out of which the action arose." Porn v. National Grange Mut. Ins. Co., 93 F.3d 31 (1st Cir. 1996), quoting Restatement (Second) of Judgments s. 24 (1982). Identicality does not depend on the labels a plaintiff attaches to its claims, but on whether the causes of action arouse out of a common nucleus of operative facts. See Airframe Sys., Inc. v. Raytheon Co., 601 F.3d 9 (1st Cir. 2010). Coulter's amended state court Complaint pleads claims arising from the same events and against the same defendants. Any added claims against these four Lexington police officers (criminal and civil conspiracy, negligence and breach of implied contract) could have been raised in Coulter's earlier federal case and are therefore DISMISSED. The remainder of the case is REMANDED to state court. (Zierk, Marsha) |
Filing 7 MEMORANDUM in Support re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) filed by James Barry, Aiden Evelyn, John Mazerall, Stephen Papia. (Hassell, Alexandra) |
Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) by James Barry, Aiden Evelyn, John Mazerall, Stephen Papia.(Hassell, Alexandra) |
Filing 5 NOTICE of Appearance by Alexandra R. Hassell on behalf of James Barry, Aiden Evelyn, John Mazerall, Stephen Papia (Hassell, Alexandra) |
Filing 4 STATE COURT Record. (Louison, Douglas) |
Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Paine, Matthew) |
Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Abaid, Kimberly) |
Filing 1 NOTICE OF REMOVAL by James Barry, Aiden Evelyn, John Mazerall, Stephen Papia ( Filing fee: $ 400, receipt number 0101-6341569 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet, #2 JS45, #3 Attachment A, #4 Attachment B)(Louison, Douglas) |
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