Tassinari v. The Salvation Army National Corporation et al
| Mark Tassinari, Richard Espinosa, Randy Owens and Jonathan Anderson |
| The Salvation Army (Southern Territory), The Salvation Army (Eastern Territory), The Salvation Army (Central Territory), The Salvation Army (Western Territory) and The Salvation Army National Corporation |
| 1:2021cv10806 |
| May 14, 2021 |
| US District Court for the District of Massachusetts |
| Leo T Sorokin |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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| Filing 64 ELECTRONIC NOTICE Setting Hearing on Motion #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d), #37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2) : Motion Hearing set for 4/27/2022 09:00 AM in Courtroom 13 (In person only) before District Judge Leo T. Sorokin. (Belmont, Kellyann) |
| Filing 63 Notice of Supplemental Authorities re #37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2), #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d) (Attachments: #1 Exhibit A)(Salazar, Christine) |
| Filing 62 NOTICE of Appearance by Maria del Pilar Gonzalez Morales on behalf of Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari (Gonzalez Morales, Maria del Pilar) |
| Filing 61 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. re #54 Notice of Subsequent Authority ALLOWED. (Dore, Samantha) |
| Filing 60 NOTICE of Appearance by Christine M Salazar on behalf of Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari (Salazar, Christine) |
| Filing 59 NOTICE of Appearance by Matthew John Murray on behalf of Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari (Murray, Matthew) |
| Filing 58 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #56 Motion for Leave to Appear Pro Hac Vice Added Matthew J. Murray and granting #57 Motion for Leave to Appear Pro Hac Vice Added Christine M. Salazar. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Dore, Samantha) |
| Filing 57 MOTION for Leave to Appear Pro Hac Vice for admission of Christine M. Salazar Filing fee: $ 100, receipt number AMADC-9154097 by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Attachments: #1 Certification)(Herold, Janet) |
| Filing 56 MOTION for Leave to Appear Pro Hac Vice for admission of Matthew J. Murray Filing fee: $ 100, receipt number AMADC-9154081 by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Attachments: #1 Certification)(Herold, Janet) |
| Filing 55 NOTICE of Appearance by Mariyam Hussain on behalf of Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari (Hussain, Mariyam) |
| Filing 54 NOTICE by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari re #44 Response to Motion, of Request for Leave to File Notice of Subsequent Authority (Attachments: #1 Supplement Waters v. Day & Zimmermann NPS, Inc., No. 20-1997, __ F.4th ___, 2022 WL 123233 (1st Cir. Jan. 13, 2022))(Bansal, Lucy) |
| Filing 53 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #52 MOTION to Withdraw Appearance of Amy F. Robertson (Simeone, Maria) |
| Filing 52 MOTION to Withdraw Appearance of Amy F. Robertson by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari.(Robertson, Amy) |
| Filing 51 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #50 Motion for Leave to Appear Pro Hac Vice Added Mariyam Hussain. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Dore, Samantha) |
| Filing 50 MOTION for Leave to Appear Pro Hac Vice for admission of Mariyam Hussain Filing fee: $ 100, receipt number AMADC-9134460 by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Attachments: #1 Affidavit)(Herold, Janet) |
| Filing 49 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #48 Motion for Leave to Appear Pro Hac Vice Added Maria del Pilar Gonzales Morales. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Dore, Samantha) |
| Filing 48 MOTION for Leave to Appear Pro Hac Vice for admission of Maria del Pilar Gonzales Morales Filing fee: $ 100, receipt number AMADC-9032637 by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Attachments: #1 Affidavit)(Herold, Janet) |
| Filing 47 REPLY to Response to #37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2), #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d) filed by The Salvation Army (Eastern Territory), The Salvation Army National Corporation. (Attachments: #1 Reply Declaration of Lt. Col. Dennis Gensler, #2 Reply Declaration of Col. Kenneth D. Johnson)(Hensley, Kevin) |
| Filing 46 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #45 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Simeone, Maria) |
| Filing 45 MOTION for Leave to File Excess Pages for Reply Memorandum by The Salvation Army (Eastern Territory), The Salvation Army National Corporation.(Hensley, Kevin) |
| Filing 44 RESPONSE to Motion re #37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2), #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d) filed by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Lafferty, Martha) (Main Document 44 replaced on 10/13/2021) (Dore, Samantha). |
| Filing 43 NOTICE of Change of Address or Firm Name by Amy F. Robertson (Robertson, Amy) |
| Filing 42 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Status Conference held on 9/28/2021. The court discusses the 2 motions to dismiss. Counsel may file 1 reply for both motions without leave of court. The court will await the filings. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) |
| Filing 41 Status Conference set for 9/28/2021 10:00 AM in Remote Proceeding : Boston before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Dore, Samantha) |
| Filing 40 MEMORANDUM in Support re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d) filed by The Salvation Army (Eastern Territory), The Salvation Army National Corporation. (Hawes, Christine) |
| Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d) by The Salvation Army (Eastern Territory), The Salvation Army National Corporation.(Hawes, Christine) |
| Filing 38 MEMORANDUM in Support re #37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2) filed by The Salvation Army (Eastern Territory), The Salvation Army National Corporation. (Attachments: #1 Affidavit of Lt. Colonel Dennis Gensler, #2 Affidavit of Colonel Kenneth O. Johnson, Jr.)(Hawes, Christine) |
| Filing 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2) by The Salvation Army (Eastern Territory), The Salvation Army National Corporation.(Hawes, Christine) |
| Filing 36 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The defendants, as related entities represented by the same counsel, shall consolidate their motion practice in this case when it is reasonable to do so. (Dore, Samantha) |
| Filing 35 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re Motions to Dismiss (Doc. Nos. #17 , #19 , and #21 ). TERMINATED AS MOOT in light of the Amended Complaint. (Dore, Samantha) Modified on 9/1/2021 (Dore, Samantha). |
| Filing 34 NOTICE of Appearance by Janet M. Herold on behalf of Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari (Herold, Janet) |
| Filing 33 Set Deadlines: Motions due by 9/21/2021 (Dore, Samantha) |
| Filing 32 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re #31 Joint MOTION for Extension of Time to September 21, 2021 to File motions to dismiss and Set Briefing Schedule by The Salvation Army (Eastern Territory), The Salvation Army National Corporation. ALLOWED. (Dore, Samantha) |
| Filing 31 Joint MOTION for Extension of Time to September 21, 2021 to File motions to dismiss and Set Briefing Schedule by The Salvation Army (Eastern Territory), The Salvation Army National Corporation.(Hawes, Christine) |
| Filing 30 AMENDED COMPLAINT Class Action against The Salvation Army (Eastern Territory), The Salvation Army National Corporation, filed by Mark Tassinari, Richard Espinosa, Randy Owens, Jonathan Anderson.(Lafferty, Martha) |
| Filing 29 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #28 Assented to MOTION for Extension of Time. ALLOWED IN PART as follows. The plaintiff's consolidated response to the motions to dismiss is due on September 3, 2021 and is limited to 40 pages in length, as requested. The defendants' reply briefs (one supporting each pending motion to dismiss) are due on September 17, 2021, with each reply limited to 5 pages in length. (Pacho, Arnold) |
| Filing 28 Assented to MOTION for Extension of Time to September 3, 2021 to File Response/Reply as to #17 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1), #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), #21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(2) by Mark Tassinari.(Lafferty, Martha) |
| Filing 27 District Judge Leo T. Sorokin: New Civil Cases Procedural ORDER entered. (Simeone, Maria) |
| Filing 26 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #24 Motion for Leave to Appear Pro Hac Vice. Added Christine B. Hawes. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Filing 25 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #23 Motion for Leave to Appear Pro Hac Vice. Added Thomas P. Gies. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice for admission of Christine B. Hawes Filing fee: $ 100, receipt number 0101-8884067 by The Salvation Army (Central Territory), The Salvation Army (Eastern Territory), The Salvation Army (Southern Territory), The Salvation Army (Western Territory), The Salvation Army National Corporation. (Attachments: #1 Affidavit Certification of Counsel - LR 85.5.3)(Hensley, Kevin) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice for admission of Thomas Peter Gies Filing fee: $ 100, receipt number 0101-8884058 by The Salvation Army (Central Territory), The Salvation Army (Eastern Territory), The Salvation Army (Southern Territory), The Salvation Army (Western Territory), The Salvation Army National Corporation. (Attachments: #1 Affidavit Certification of Counsel - LR 85.5.3)(Hensley, Kevin) |
| Filing 22 MEMORANDUM in Support re #21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(2) filed by The Salvation Army (Central Territory), The Salvation Army (Southern Territory), The Salvation Army (Western Territory), The Salvation Army National Corporation. (Attachments: #1 Affidavit Declaration of Col. Kenneth O. Johnson, Jr., #2 Affidavit Declaration of Captain Leon Ferraez, #3 Affidavit Declaration of Col. Steven M. Howard, #4 Affidavit Declaration of Terry Hughes)(Hensley, Kevin) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(2) by The Salvation Army (Central Territory), The Salvation Army (Southern Territory), The Salvation Army (Western Territory), The Salvation Army National Corporation.(Hensley, Kevin) |
| Filing 20 MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by The Salvation Army (Eastern Territory). (Hensley, Kevin) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by The Salvation Army (Eastern Territory).(Hensley, Kevin) |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) filed by The Salvation Army (Eastern Territory). (Attachments: #1 Affidavit Declaration of Lt. Col. Dennis Gensler)(Hensley, Kevin) |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) by The Salvation Army (Eastern Territory).(Hensley, Kevin) |
| Filing 16 NOTICE of Appearance by Kevin M. Hensley on behalf of The Salvation Army (Central Territory), The Salvation Army (Eastern Territory), The Salvation Army (Southern Territory), The Salvation Army (Western Territory), The Salvation Army National Corporation (Hensley, Kevin) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Mark Tassinari. The Salvation Army (Central Territory) waiver sent on 6/1/2021, answer due 8/2/2021. (Elga, Benjamin) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Mark Tassinari. The Salvation Army (Southern Territory) waiver sent on 6/1/2021, answer due 8/2/2021. (Elga, Benjamin) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Mark Tassinari. The Salvation Army (Western Territory) waiver sent on 6/1/2021, answer due 8/2/2021. (Elga, Benjamin) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Mark Tassinari. The Salvation Army (Eastern Territory) waiver sent on 6/1/2021, answer due 8/2/2021. (Elga, Benjamin) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Mark Tassinari. The Salvation Army National Corporation waiver sent on 6/1/2021, answer due 8/2/2021. (Elga, Benjamin) |
| Filing 10 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice. Added Amy F. Robertson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Filing 9 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice. Added Martha M. Lafferty. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) Modified on 6/28/2021 to regenerate NEF with corrected attorney name (Pacho, Arnold). |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Amy F. Robertson Filing fee: $ 100, receipt number 0101-8834424 by Mark Tassinari. (Attachments: #1 Certificate of Good Standing, #2 Affidavit)(Elga, Benjamin) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Martha M. Lafferty Filing fee: $ 100, receipt number 0101-8834409 by Mark Tassinari. (Attachments: #1 Certificate of Good Standing, #2 Affidavit)(Elga, Benjamin) |
| Filing 6 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice. Added Lucy B. Bansal. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Filing 5 Set Deadlines: Proof Service due by 8/16/2021. (Simeone, Maria) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Lucy B. Bansal Filing fee: $ 100, receipt number 0101-8783322 by Mark Tassinari. (Attachments: #1 Affidavit)(Elga, Benjamin) |
| Filing 3 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. (Currie, Haley) |
| Filing 2 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 M. Page Kelley. (Finn, Mary) |
| Filing 1 COMPLAINT (Class Action) against All Defendants Filing fee: $ 402, receipt number 0101-8775796 (Fee Status: Filing Fee paid), filed by Mark Tassinari. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Civil Category Sheet)(Elga, Benjamin) |
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