DeBarros v. Family Practice Group, P.C. et al
| Elson M. DeBarros |
| Family Practice Group, P.C., Jennifer Hillery, Susan Redmond and Arlington Family Pracatice |
| 1:2019cv12064 |
| October 4, 2019 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Leo T Sorokin |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 21, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 38 Entered in error by court staff. NEF Regenerated. |
| Filing 37 Plaintiff's RESPONSE to #24 MOTION to Dismiss and Supporting Memorandum in Support filed by Elson M. DeBarros. (Montes, Mariliz) |
| Filing 36 USCA Case Number 19-2195 for #31 Notice of Appeal filed by Elson M. DeBarros. (Paine, Matthew) |
| Filing 35 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #31 Notice of Appeal. (Paine, Matthew) |
| Filing 34 Summons Issued as to Jennifer Hillery, Susan Redmond. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Montes, Mariliz) |
| Filing 33 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. #32 Plaintiff's Motion for Extension of Time (30 days) to File Response to #24 Defendants' Motion to Dismiss is ALLOWED. Plaintiff's response to the motion to dismiss is now due November 25, 2019. No further extensions in this deadline. (Motion for Extension of Time to File Response/Reply re #24 MOTION to Dismiss : Responses due by 11/25/2019) (A copy of this Order has been mailed to the Plaintiff.) (Montes, Mariliz) |
| Filing 32 Plaintiff's Motion for Extension of Time (30 days) to File Response to #24 Defendants' Motion to Dismiss by Elson M. DeBarros.(Montes, Mariliz) |
| Filing 31 NOTICE OF APPEAL 27 Electronic Order, 29 Electronic Order by Elson M. DeBarros 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 11/25/2019. (Montes, Mariliz) (Modified on 11/5/2019 to Correct Docket and CM/ECF Document Links) (Paine, Matthew). |
| Filing 29 District Judge Leo T. Sorokin: ELECTRONIC CORRECTED ORDER entered re #26 Letter/request (non-motion): Plaintiff has filed a public records request citing Massachusetts state law. The Court construes the letter as a request to review the public dockets and public filings made in this Court concerning Elson DeBarros. The Plaintiff may come to the courthouse to review the public filings in this or any other case. Insofar as he is requesting that the Court search, copy and provide him copies of various court records, that request is DENIED. ( A copy of this Order has been mailed to the Plaintiff at 12 Kossuth Providence, RI 02909)(Montes, Mariliz) Modified on 10/31/2019 (Montes, Mariliz). |
| Filing 28 Copy re 27 Order, mailed to Plaintiff on 10/31/2019. (Montes, Mariliz) |
| Filing 27 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #26 Letter/request (non-motion): Plaintiff has filed a public records request citing Massachusetts state law. The Court construes the letter as a request to review the public dockets and public filings made in this Court concerning Elson DeBarros. The Plaintiff may come to the courthouse to review the public filings in this or any other request. Insofar as he is requesting that the Court search, copy and provide him copies of various court records, that request is DENIED.(Montes, Mariliz) |
| Filing 30 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Scheduling Conference not held on 10/29/2019; The court elects not to go forward with the scheduling conference set for today, due to plaintiffs non appearance. The plaintiff appears late and is informed by the clerk that the hearing was not held and he is to respond to the motion to dismiss within the 14 days allotted by the Local Rules. Set Deadlines as to #24 MOTION to Dismiss :( Responses due by 11/7/2019). (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) |
| Filing 26 Letter from Elson M.DeBarros requesting records. (Montes, Mariliz) |
| Filing 25 MEMORANDUM in Support to #24 MOTION to Dismiss filed by Arlington Family Pracatice, Family Practice Group, P.C., Jennifer Hillery, Susan Redmond. (Montes, Mariliz) |
| Filing 24 MOTION to Dismiss by Arlington Family Pracatice, Family Practice Group, P.C., Jennifer Hillery, Susan Redmond. (Keefe, Ian) Modified on 10/25/2019 to detach memorandum in support and docket as a new docket entry-See Doc. no. 25. (Montes, Mariliz). |
| Filing 23 NOTICE of Appearance by Ian C. Keefe on behalf of Arlington Family Pracatice, Family Practice Group, P.C., Jennifer Hillery, Susan Redmond (Keefe, Ian) |
| Filing 22 NOTICE of Appearance by Jennifer Boyd Herlihy on behalf of Arlington Family Pracatice (Herlihy, Jennifer) |
| Filing 21 NOTICE of Appearance by Jennifer Boyd Herlihy on behalf of Family Practice Group, P.C., Jennifer Hillery, Susan Redmond (Herlihy, Jennifer) |
| Filing 20 NOTICE of Withdrawal of Appearance by Brian A. Fielding (Fielding, Brian) |
| Filing 19 NOTICE of Scheduling Conference: A Scheduling Conference is set for 10/29/2019 at 02:30 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Attachments: #1 scheduling order sample, #2 standing order for motions for summary judgment)Order was also mailed to Plaintiff via first class mail(Montes, Mariliz) |
| Filing 18 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 Donald L. Cabell. (Danieli, Chris) |
| Filing 17 Case transferred in from District of Rhode Island; Case Number 1:19-cv-00367. |
Filing 16
ORDER granting in part #13 Motion to Dismiss for Lack of Jurisdiction; granting in part #15 Motion to Transfer Case. Defendants motion to dismiss (ECF No. 13) is granted in part tothe extent they seek relief under 28 U.S.C. 1631 and 1406(a) based on the lack of personaljurisdiction over any of Defendants and the improper venue in the District of Rhode Island. It is denied in part insofar as they ask for the remedy of dismissal. Plaintiffs motion to transfer (ECF No. 15) the case to the District of Massachusetts is granted in part in that transfer pursuant to 28U.S.C. 1631 and 1406(a) is in the interest of justice. It is denied in part because his request for transfer pursuant to 28 U.S.C. 1404(a) is moot. Pursuant to 28 U.S.C. 1631 and 1406(a), this case is transferred to the District of Massachusetts.. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/3/2019. (Saucier, Martha)
|
| MOTIONS REFERRED: #13 MOTION to Dismiss for Lack of Jurisdiction and #15 MOTION to Transfer Case referred for Report and Recommendation to Magistrate Judge Patricia A. Sullivan. (Urizandi, Nisshy) |
| Filing 15 MOTION to Transfer Case filed by Elson M DeBarros. Responses due by 9/23/2019. (Potter, Carrie) |
| Filing 14 MEMORANDUM IN SUPPORT by All Defendants in support of #13 MOTION to Dismiss for Lack of Jurisdiction . (Fielding, Brian) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction filed by All Defendants. Responses due by 9/20/2019. (Fielding, Brian) |
| Filing 12 NOTICE of Appearance by Brian A. Fielding on behalf of Arlington Family Pracatice, Family Practice Group, P.C., Jennifer Hillery, Susan Redmond (Fielding, Brian) |
| Filing 11 SUMMONS Returned Executed by Family Practice Group, P.C., Arlington Family Pracatice. Family Practice Group, P.C. served on 8/14/2019, answer due 9/4/2019; Arlington Family Pracatice served on 8/14/2019, answer due 9/4/2019. (Attachments: #1 Summons)(Potter, Carrie) |
| Filing 10 USMS Indigent Filer Reimbursement Request. (Potter, Carrie) |
|
TEXT ORDER denying #7 Motion to Seal Case. Plaintiffs motion to seal the case (ECF No. 7) is denied as to its request to prohibit all public access to the proceedings and judicial records because Plaintiff has not demonstrated that doing so would be consistent with the First Amendment or the common law presumption of access to judicial records. In re Gitto Glob. Corp., 422 F.3d 1, 6 (1st Cir. 2005); In re Boston Herald, Inc., 321 F.3d 174, 182 (1st Cir. 2003). The aspect of the motion focusing on Plaintiffs medical information is denied without prejudice. The local rules of the Court permit a party to ask to have a specific filing sealed based on confidential content, such as health care information. DRI LR Gen 102. Rule 26(c) of the Federal Rules of Civil Procedure permits a protective order to be entered that protects from third party disclosure or inappropriate use of confidential information exchanged in discovery (such as health care information or sensitive financial information). Plaintiffs motion does not relate to any specific confidential information, either exchanged in discovery or to be filed with the Court. In the event that Plaintiff has confidential information that he intends to file, he can ask that it be sealed pursuant to DRI LR Gen 102. If Plaintiff has confidential information that Defendants have requested in discovery, he may ask the Court to enter a protective order. Defendants must ensure their filings do not publicly disclose information that should be sealed under the federal and local rules. denying #9 MOTION to Preserve Evidence . Plaintiffs motion to preserve evidence (ECF No. 9) is denied without prejudice because it appears to focus in part on preservation of evidence that is not within the possession, custody or control of Defendants; it fails to show that Defendants will not adhere to their affirmative duty to preserve all arguably relevant evidence that is within their control; and it relates to evidence dating back five years, which is probably not relevant since the Complaint alleges that the medical treatment underlying the claims started less than four years ago in March 2016. So Ordered by Magistrate Judge Patricia A. Sullivan on 8/27/2019. (Saucier, Martha)
|
| MOTIONS REFERRED: #9 MOTION to Preserve Evidence , #7 MOTION to Seal Case referred for determination to Magistrate Judge Patricia A. Sullivan. (Jackson, Ryan) |
| Filing 9 MOTION to Preserve Evidence filed by Elson M DeBarros. Responses due by 8/15/2019. (Simoncelli, Michael) |
| Filing 8 Summons Issued as to Arlington Family Pracatice, Family Practice Group, P.C. Summons and USM-285 forms forwarded to the United States Marshal Service for service. (Simoncelli, Michael) |
| Filing 7 MOTION to Seal Case filed by Elson M DeBarros. (Potter, Carrie) |
| Filing 6 Letter sent to Elson DeBarros requesting that the Process Receipt and Return form (USM-285) and summons be completed in order for the U.S. Marshals Service to effectuate service pursuant to Fed. R. Civ. P. 4(c)(3). USM -285 form can be found by clicking # here. (Potter, Carrie) |
|
TEXT ORDER granting #2 Motion for Leave to Proceed in forma pauperis. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/25/2019. (Leyva, Lucia)
|
| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Patricia A. Sullivan. (Jackson, Ryan) |
| Filing 5 AMENDED COMPLAINT against All Defendants filed by Elson M DeBarros.(Potter, Carrie) |
| Filing 4 Amended Civil Cover Sheet filed by Elson M DeBarros. Regarding New Case: #1 Complaint. (Potter, Carrie) |
| Filing 3 Pro Se Consent to Receive Documents Electronically filed by Elson M DeBarros. (Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Elson M DeBarros. (Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Elson M DeBarros. (Attachments: #1 Civil Cover Sheet)(Potter, Carrie) |
| CASE CONDITIONALLY ASSIGNED to Chief Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. Related Case Number 18-cv-503-WES-PAS based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Potter, Carrie) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
