Bennett Werra v. Tompkins et al
| Jennaya Bennett Werra and James Bennett Werra |
| Zezinha Mitchell, Christina Ruccio, Yolanda Smith, Steven Tompkins, Jennifer Sullivan and Naphcare |
| 1:2020cv10017 |
| January 7, 2020 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Richard G Stearns |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 27, 2021. A more recent docket listing may be available from PACER.
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| Filing 49 Copy re 48 Order on Motion to Amend, mailed to Jennaya Bennett Werra on 8/27/2021. (McDonagh, Christina) |
| Filing 48 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff's motion to amend the complaint, [ECF No. #47 ], is DENIED without prejudice because Plaintiff voluntarily dismissed the original complaint and this action has been closed since January 29, 2021. If Plaintiff wishes to move forward with the claims in the proposed amended complaint, Plaintiff must file a new lawsuit. The Court takes no position as to the merit of such claims. (McDonagh, Christina) |
| Filing 47 MOTION to Amend #1 Complaint by Jennaya Bennett Werra. (Attachments: #1 Amended Complaint, #2 Exhibits)(McDonagh, Christina) |
| Filing 46 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff's motion to voluntarily dismiss, [ECF No. #45 ], is GRANTED. The Court notes that it made best efforts to secure counsel for Plaintiff but was unable to do so. Defendants' pending motions to dismiss, [ECF Nos. #30 , #32 ], are therefore DENIED as moot. (McDonagh, Christina) |
| Filing 45 MOTION to Voluntarily Dismiss the case by Jennaya Bennett Werra.(McDonagh, Christina) |
| Filing 44 Judge Allison D. Burroughs: ELECTRONIC ORDER entered re: #36 Motion to Appoint Counsel. "There is no absolute constitutional right to a free lawyer in a civil case." DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991). The Court has reviewed the pleadings in this case in light of the factors outlined in DesRosiers and declines at this time to appoint counsel. Plaintiff's Motion to Appoint Counsel is DENIED without prejudice until after the pending motions to dismiss are resolved. (PSSA, 4) |
| Filing 43 NOTICE of Change of Address or Firm Name by Jennaya Bennett Werra (McDonagh, Christina) |
| Filing 42 Letter/request (non-motion) from Jennaya Bennett Werra. (McDonagh, Christina) |
| Filing 41 Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jennaya Bennett Werra. (Attachments: #1 Memo in Opposition)(McDonagh, Christina) |
| Filing 40 MEMORANDUM in Opposition re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jennaya Bennett Werra. (McDonagh, Christina) |
| Filing 39 Copy re 38 Order on Motion for Extension of Time to File Response/Reply, 37 Order on Motion for Extension of Time to File Response/Reply mailed to Jennaya Bennett Werra on 7/15/2020. (McDonagh, Christina) |
| Filing 38 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #35 Motion for Extension of Time to File Response/Reply re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 9/1/2020 (Folan, Karen) |
| Filing 37 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #34 Motion for Extension of Time to File Response/Reply re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 8/28/2020 (Folan, Karen) |
| Filing 36 MOTION to Appoint Counsel by Jennaya Bennett Werra.(McDonagh, Christina) |
| Filing 35 MOTION for Extension of Time to 9/1/2020 to File Opposition to #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jennaya Bennett Werra.(McDonagh, Christina) |
| Filing 34 MOTION for Extension of Time to 8/28/2020 to File Oppostion to #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jennaya Bennett Werra.(McDonagh, Christina) |
| Filing 33 MEMORANDUM in Support re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Zezinha Mitchell, Christina Ruccio, Yolanda Smith, Jennifer Sullivan, Steven Tompkins. (Attachments: #1 Exhibit)(Garand, Melissa) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Zezinha Mitchell, Christina Ruccio, Yolanda Smith, Jennifer Sullivan, Steven Tompkins.(Garand, Melissa) |
| Filing 31 MEMORANDUM in Support re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Naphcare. (Saltzman, William) |
| Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Naphcare.(Saltzman, William) |
| Filing 29 SUMMONS Returned Executed Zezinha Mitchell served on 5/21/2020, answer due 6/11/2020; Christina Ruccio served on 5/21/2020, answer due 6/11/2020; Yolanda Smith served on 5/21/2020, answer due 6/11/2020; Jennifer Sullivan served on 5/21/2020, answer due 6/11/2020; Steven Tompkins served on 5/21/2020, answer due 6/11/2020. (McDonagh, Christina) |
| Filing 28 Letter/request (non-motion) from Jennaya Bennett-Werra. Copy Mailed as requested of ECF 21 on 5/28/2020. (McDonagh, Christina) |
| Filing 27 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #25 Motion for Extension of Time to Answer Zezinha Mitchell answer due 6/30/2020; Christina Ruccio answer due 6/30/2020; Yolanda Smith answer due 6/30/2020; Jennifer Sullivan answer due 6/30/2020; Steven Tompkins answer due 6/30/2020. (Folan, Karen) |
| Filing 26 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #24 Motion for Waiver of Local Rule 7.1(a)(2) (Folan, Karen) |
| Filing 25 MOTION for Extension of Time to June 30, 2020 to File Answer re #1 Complaint by Zezinha Mitchell, Christina Ruccio, Yolanda Smith, Jennifer Sullivan, Steven Tompkins.(Garand, Melissa) |
| Filing 24 MOTION Waiver of Local Rule 7.1(a)(2) by Zezinha Mitchell, Christina Ruccio, Yolanda Smith, Jennifer Sullivan, Steven Tompkins.(Garand, Melissa) |
| Filing 23 NOTICE of Appearance by Melissa J. Garand on behalf of Zezinha Mitchell, Christina Ruccio, Yolanda Smith, Jennifer Sullivan, Steven Tompkins (Garand, Melissa) |
| Filing 22 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #20 Motion for Extension of Time to Answer. Naphcare answer due 6/30/2020. (Folan, Karen) |
| Filing 21 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #19 Motion to Waive LR 7.1(a)(2). (Folan, Karen) |
| Filing 20 MOTION for Extension of Time to File Answer re #1 Complaint by Naphcare.(Saltzman, William) |
| Filing 19 MOTION to Waive LR 7.1(a)(2) by Naphcare.(Saltzman, William) |
| Filing 18 NOTICE of Appearance by William D. Saltzman on behalf of Naphcare (Saltzman, William) |
| Filing 17 SUMMONS Returned Executed Naphcare served on 5/4/2020, answer due 5/26/2020. (McDonagh, Christina) |
| Filing 16 Copy re 14 Order on Motion to Amend, mailed to Jennaya Bennett Werra on 4/8/2020. (McDonagh, Christina) |
| Filing 14 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff's motion to amend, [ECF No. #13 ], is DENIED as moot. As stated in the Court's previous order, [ECF No. 11 ], Plaintiff does not need leave from the Court to amend at this stage of the proceedings. The Court will docket Plaintiff's proposed amended complaint, [ECF No. #13 -1], as the operative complaint in this matter. Plaintiff should now serve the amended complaint on all defendants. (McDonagh, Christina) |
| Filing 15 AMENDED COMPLAINT against Zezinha Mitchell, Naphcare, Christina Ruccio, Yolanda Smith, Jennifer Sullivan, Steven Tompkins, filed by Jennaya Bennett Werra .(McDonagh, Christina) Modified on 4/8/2020 (McDonagh, Christina). |
| Filing 13 MOTION to Amend #1 Complaint by Jennaya Bennett Werra. (Attachments: #1 Proposed Amended Complaint)(McDonagh, Christina) |
| Filing 12 Copy re 11 Order on Motion to Amend, mailed to Jennaya Bennett Werra on 2/24/2020. (Pacho, Arnold) |
| Filing 11 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff's motion to amend, [ECF No. #10 ], is DENIED as moot. At this early stage of litigation, where the summons was issued on February 6, 2020, plaintiff is not required to seek leave of court to amend the original complaint. Because plaintiff did not attach a proposed amended complaint with the motion to amend, however, the exhibits attached to plaintiff's motion will not be treated as a properly filed amended complaint. Pursuant to Federal Rule of Civil Procedure 15(a)(1)(B) a party may amend the complaint as a matter of course (i.e., without seeking leave of court) within 21 days after serving [the original complaint], or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. If plaintiff wishes to amend the complaint before the defendant has been served with the original complaint and summons, plaintiff should serve the amended complaint on defendant and file a copy of the original amended complaint with court. (Pacho, Arnold) |
| Filing 10 MOTION to Amend #1 Complaint by Jennaya Bennett Werra. (Attachments: #1 Exhibit)(McDonagh, Christina) |
| Filing 9 Summons Issued as to All Defendants. 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. (Castilla, Francis) |
| Filing 8 NOTICE: re payment of fee (prisoner filer) issued to the Treasurer at Suffolk County House of Correction (PSSA, 4) |
| Filing 7 Judge Allison D. Burroughs: ORDER entered: 1.Plaintiffs Motion to Proceed In Forma Pauperis (ECF No. 2) is ALLOWED. Pursuant to 28 U.S.C. 1915(b)(1), the Court assesses an initial partial filing fee of $38.63. The remainder of the fee, $311.37, shall be collected in accordance with 28 U.S.C. 1915(b)(2).2.The Clerk shall issue summonses for service of the complaint and shall send the summonses, a copy of the complaint, and this Order to the plaintiff, who must serve the defendants with these documents in accordance with Federal Rule of Civil Procedure 4(m).3.The plaintiff may elect to have service made by the United States Marshals Service. If directed by the plaintiff to do so, the United States Marshals Service shall serve the above-referenced documents and this Order upon the defendants, in the manner directed by the plaintiff, with all costs of service to be advanced by the United States. It is plaintiffs responsibility to provide the United States Marshal Service with all necessary paperwork and service information. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 90 days from the date of this Order to complete service.(PSSA, 4) |
| Filing 6 Copy re [Dkt # 4] Order and Docket Sheet, mailed to Jennaya Bennett Werra on 2/5/2020. (Pacho, Arnold) |
| Filing 5 ELECTRONIC NOTICE of Reassignment. Judge Allison D. Burroughs added. Judge Richard G. Stearns no longer assigned to case. (Finn, Mary) |
| Filing 4 Judge Richard G. Stearns: ELECTRONIC ORDER entered. This action was initially assigned to Judge Richard G. Stearns as related to Civil Action No. 17-12255-RGS. This action is returned to the Clerk for reassignment because it is not related for case assignment purposes. See United States District Court Local Rule 40.1(g)(assignment of cases; related civil cases).(mkz) |
| Filing 3 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 Jennifer C. Boal. (Finn, Mary) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jennaya Bennett Werra Werra.(Castilla, Francis) (Additional attachment(s) added on 1/7/2020: #1 Supplement) (Castilla, Francis |
| Filing 1 COMPLAINT against All Defendants, filed by Jennaya Bennett Werra (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Castilla, Francis) ( |
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