Mouris v. USA
| Cheryl Mouris |
| USA |
| 1:2020cv10082 |
| January 15, 2020 |
| US District Court for the District of Massachusetts |
| Donald L Cabell |
| Denise J Casper |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on February 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 NOTICE of Appearance by Susan M. Poswistilo on behalf of USA (Poswistilo, Susan) |
| Filing 15 ELECTRONIC NOTICE of Case RE-Assignment. Judge Denise J. Casper 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. (Finn, Mary) |
| Filing 14 NOTICE by Cheryl Mouris Refusal to Consent to Proceed before A U.S. Magistrate Judge (Donovan, John) |
| Filing 13 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Russo, Noreen) |
| Filing 12 NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Danieli, Chris) |
| Filing 11 Case transferred in from District of New Hampshire; Case Number 1:19-cv-00889. |
| Civil Case Terminated. Case transferred to District of Massachusetts. (vln) |
///ENDORSED ORDER granting #6 Motion to Dismiss. Text of Order: A power of attorney does not make the holder the real party in interest of a claim that belongs to the person that grants the power of attorney. Nor does it otherwise give venue to the district where the holder is domiciled. Accordingly, the court lacks venue based on the fact that the holder of plaintiff's power of attorney is domiciled here. The motion is granted to the extent that the case is transferred to the District of Massachusetts. So Ordered by Judge Paul J. Barbadoro.(vln)
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| Filing 10 REPLY to Objection to Motion re #6 MOTION to Dismiss filed by USA. Surreply due by 1/13/2020. (Rabuck, Robert) |
| Filing 9 RESPONSE to Motion re #6 MOTION to Dismiss Replaces document no. 8 filed by Cheryl Mouris. (Attachments: #1 Memorandum of Law in Support of Opp to Def's MTD, #2 Exhibit A to Memo in Supp of Opp to Def's MTD)(Donovan, John) |
| NOTICE of ECF Filing Error re: #8 Response to Motion, filed by Cheryl Mouris. Documents must be provided in an electronically converted PDF text searchable format in accordance with A.P. 2.3(a). Filer shall refile and add to docket text Replaces document no. 8. Compliance Deadline set for 1/13/2020.(vln) |
| Filing 8 [FILED IN ERROR. REPLACED BY DN #9 ]RESPONSE to Motion re #6 MOTION to Dismiss Plaintiff's Opposition to Defendant's Motion to Dismiss filed by Cheryl Mouris. (Attachments: #1 Memorandum of Law Memo in Support of Opp to Def's MTD, #2 Exhibit Exhibit A to Memo in Supp of Opp to Def's MTD)(Donovan, John) Modified on 1/6/2020 to add: REPLACED (vln). |
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ENDORSED ORDER granting #7 Motion to Extend Time to Object/Respond re #6 Motion to Dismiss. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Paul J. Barbadoro.(vln)
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| Filing 7 Assented to MOTION to Extend Time to Object/Respond to #6 MOTION to Dismiss to 01/03/20 filed by Cheryl Mouris.(Donovan, John) |
| Filing 6 MOTION to Dismiss filed by USA.Follow up on Objection on 12/20/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) A - Declaration of AUSA Robert J. Rabuck, #3 Attachment to Exhibit A1 - General Durable Power of Attorney)(Rabuck, Robert) |
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ENDORSED ORDER granting #5 Motion to Extend Time to Answer re #1 Complaint. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone. (vln)
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| Filing 5 Assented to MOTION to Extend Time to Answer to December 6, 2019 filed by USA. Attorney Robert J. Rabuck added to party USA(pty:dft).(Rabuck, Robert) |
| Filing 4 Return of Service Executed as to USA Replaces Document No. 3 by Cheryl Mouris. Served/Mailed on 9/23/2019. Answer Follow Up on 11/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Certified Mail Delivery Receipts, #2 Exhibit Certified Letters to Parties)(Antonellis, Anthony) |
| NOTICE of ECF Filing Error re: #3 Affidavit filed by Cheryl Mouris. Filer used wrong event. Filer shall refile using the Service of Process / Return of Service Executed as to USA/SSA event and enter in docket text: Replaces document no. 3. Compliance Deadline set for 10/25/2019.(vln) |
| Filing 3 AFFIDAVIT of Service of Process filed by Cheryl Mouris (Attachments: #1 Exhibit Certified Mail Delivery Receipt, #2 Exhibit Certified Letters to Parties)(Antonellis, Anthony) |
| Filing 2 Summonses issued electronically as to USA. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(mc) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc) |
| Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:19-cv-889-PB. Please show this number with the judge designation on all future pleadings. (mc) |
| Filing 1 NEW CASE/ COMPLAINT Filing fee $400, receipt number 0102-1856172 filed by Philip Mouris. (Attachments: #1 Exhibits A-C Claim Documents, #2 Civil Cover Sheet, #3 Summons)(Donovan, John) (Additional attachment(s) added on 8/30/2019: #4 Summons NH AUSA, #5 Summons AG USA) (mc). Modified on 8/30/2019 to add: Exhibit Description (mc). (Additional attachment(s) added on 8/30/2019: #6 Corrected Complaint with /s/) (mc). |
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| Plaintiff: Cheryl Mouris | |
| Represented By: | John A. Donovan, III |
| Represented By: | Anthony J. Antonellis |
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| Defendant: USA | |
| Represented By: | Robert J. Rabuck |
| Represented By: | Susan M. Poswistilo |
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