DeNicola v. Potter et al
| John DeNicola |
| Cheryl P. Potter, James Comerford, Paul Keenan and Arthur Tobin |
| 1:2019cv11391 |
| June 24, 2019 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Both |
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| Filing 15 Summons Issued as to Arthur Tobin and mailed to plaintiff with Local Rule 4.1 and form and instructions for service by USMS. (Attachments: #1 Instructions for Service by USMS and Local Rule 4.1)(PSSA, 3) |
| Filing 14 Judge Allison D. Burroughs: ORDER entered granting in part and denying in part #12 Motion to Amend. The motion to amend is GRANTED insofar as DeNicola seeks to amend the complaint to indicate that he is bringing claims against the defendants in their individual capacities. The motion is DENIED insofar as DeNicola seeks to amend the complaint to bring claims against the defendants in their official capacities. The amended complaint filed on July 29, 2019 #7 shall remain the operative complaint, but the claims within shall be construed as setting forth claims against the defendants only in their individual capacities. The Clerk shall issue a summons for Tobin. The plaintiff is responsible for serving the summons, amended complaint [#7], and this order on Tobin in compliance with Rule 4 of the Federal Rules of Civil Procedure and within 90 days of the date of this order. DeNicola shall ensure that defendant Comerford receives a copy of this order and the amended complaint #7 . Service must be made in accordance with Rule 5(b)(2) of the Federal Rules of Civil Procedure. Because the allegations in the amended complaint concerning Potter are identical to those in the original complaint, Potter may, but is not required, file an answer or other responsive pleading to the amended complaint. If Potter does not respond separately to the amended complaint #7 within twenty-one days of the date of this order, the Court will deem her answer #10 to the original complaint also to be her answer to the amended complaint.Keenan shall be terminated as a party to this action. (PSSA, 3) |
| Filing 13 PROPOSED AMENDED COMPLAINT against Paul Keenan, James Comerford, Arthur Tobin, Cheryl P. Potter, filed by John DeNicola. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Proposed Summons)(McDonagh, Christina) Modified on 8/14/2019 (PSSA, 3). |
| Filing 12 MOTION to Amend #7 Amended Complaint by John DeNicola.(McDonagh, Christina) |
| Filing 11 SUMMONS Returned Executed James Comerford served on 8/7/2019, answer due 8/28/2019. (McDonagh, Christina) |
| Filing 10 ANSWER to #1 Complaint with Jury Demand by Cheryl P. Potter.(Timmins, James) |
| Filing 9 SUMMONS Returned Executed Cheryl P. Potter served on 7/30/2019, answer due 8/20/2019. (McDonagh, Christina) |
| Filing 8 Proposed Document(s) submitted by John DeNicola. Document received: Proposed Summons. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons)(McDonagh, Christina) |
| Filing 7 AMENDED COMPLAINT against James Comerford, Cheryl P. Potter, Arthur Tobin, Paul Keenan, filed by John DeNicola. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(McDonagh, Christina) |
| Filing 6 Summons Issued as to All Defendants and mailed to plaintiff with forms and instructions for service by the USMS. (Attachments: #1 Instructions for Service by USMS and Local Rule 4.1)(PSSA, 3) |
| Filing 5 Judge Allison D. Burroughs: ORDER entered granting #3 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue summonses as to both defendants. The plaintiff is responsible for serving the summonses, complaint, and this order on the defendants in compliance with Rule 4 of the Federal Rules of Civil Procedure. Because the plaintiff is proceeding in forma pauperis, he may elect to have service completed by the United States Marshals Service. The plaintiff shall have 90 days from the date of the issuance of the summonses to complete service. Failure to complete service in a timely fashion may result in dismissal of the action without further notice to the plaintiff. (PSSA, 3) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Marianne B. Bowler. (Finn, Mary) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by John DeNicola.(McDonagh, Christina) |
Filing 2
General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (McDonagh, Christina)
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| Filing 1 COMPLAINT against James Comerford, Cheryl P. Potter, filed by John DeNicola. (Attachments: #1 Civil Cover Sheet and Category Form)(McDonagh, Christina) |
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