Bray v. Worcester Polytechnic Institute
| Mark Bray |
| Worcester Polytechnic Institute and Laurie Leshin |
| 4:2021cv40049 |
| May 13, 2021 |
| US District Court for the District of Massachusetts |
| Timothy S Hillman |
| Contract: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
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| Filing 54 District Judge Timothy S. Hillman: ORDER entered. ORDER DISMISSING CASE.(Castles, Martin) |
| Filing 53 District Judge Timothy S. Hillman: MEMORANDUM OF DECISION AND ORDER entered granting in part and denying in part #38 Motion to Dismiss for Failure to State a Claim. Defendants' Motion to Dismiss All Claims With Prejudice is granted as to Plaintiff's federal claims (Counts IX and XII) and denied as to Plaintiff's remaining counts which allege claims for violation of Massachusetts law. The Court shall not retain supplemental jurisdiction over Plaintiff's state law claims which are hereby dismissed without prejudice for lack of jurisdiction. (Castles, Martin) |
| Filing 52 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 1/12/2022 re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Laurie Leshin, Worcester Polytechnic Institute, Case called, Counsel appear by video-conference for motion hearing, Court hears arguments of counsel, Court rules taking under advisement #38 Motion to Dismiss for Failure to State a Claim, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Beck/Roberts,Macchi) (Castles, Martin) |
| Filing 51 ELECTRONIC NOTICE Resetting Hearing on Motion #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing reset for 1/12/2022 at 2:30 PM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. 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. (Castles, Martin) |
| Filing 50 ELECTRONIC NOTICE Setting Hearing on Motion #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 12/20/2021 11:00 AM in Courtroom 2 - Worcester (Remote only) before District Judge Timothy S. Hillman. 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. (Castles, Martin) |
| Filing 49 REPLY to Response to #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Laurie Leshin, Worcester Polytechnic Institute. (Roberts, Scott) |
| Filing 48 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #47 Motion for Leave to File Reply. (Castles, Martin) |
| Filing 47 MOTION for Leave to File Reply in Further Support of Defendants' Motion to Dismiss by Laurie Leshin, Worcester Polytechnic Institute.(Roberts, Scott) |
| Filing 46 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #43 Motion for Leave to File Excess Pages. Counsel is reminded to await the Court's ruling in the future before filing memorandum. (Castles, Martin) |
| Filing 45 MEMORANDUM in Opposition re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Bray. (Beck, Adam) |
| Filing 44 Opposition re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Bray. (Beck, Adam) |
| Filing 43 MOTION for Leave to File Excess Pages by Mark Bray.(Beck, Adam) |
| Filing 42 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #41 Motion for Extension of Time to File Response re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Response due by 8/31/2021. (Castles, Martin) |
| Filing 41 MOTION for extension of time to file an opposition by Mark Bray.(Beck, Adam) Modified on 8/16/2021 (Jones, Sherry). |
| Filing 40 AFFIDAVIT of Mark Macchi in Support re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Laurie Leshin, Worcester Polytechnic Institute. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Macchi, Mark) |
| Filing 39 MEMORANDUM in Support re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Laurie Leshin, Worcester Polytechnic Institute. (Roberts, Scott) |
| Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Laurie Leshin, Worcester Polytechnic Institute.(Roberts, Scott) |
| Filing 37 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #36 Motion for Leave to File Excess Pages. (Castles, Martin) |
| Filing 36 Assented to MOTION for Leave to File Excess Pages by Laurie Leshin, Worcester Polytechnic Institute.(Roberts, Scott) |
| Filing 35 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #34 Motion to File Consolidated Motion to Dismiss Plaintiff's Amended Complaint by July 30, 2021. (Castles, Martin) |
| Filing 34 Joint MOTION for Defendants to File Consolidated Motion to Dismiss Plaintiff's Amended Complaint by July 30, 2021 re #32 Amended Complaint by Laurie Leshin, Worcester Polytechnic Institute.(Roberts, Scott) |
| Filing 33 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered finding as moot #20 Motion to Dismiss for Failure to State a Claim. (Burgos, Sandra) |
| Filing 32 AMENDED COMPLAINT against Mark Bray, filed by Mark Bray.(Beck, Adam) |
| Filing 31 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #29 Motion for Leave to File an Amended Complaint. Plaintiff shall file a Second Amended Complaint which reflects the correct caption by close of business on 6/24/2021. (Jones, Sherry) |
| Filing 30 Summons Issued as to Laurie Leshin. 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. (Jones, Sherry) |
| Filing 29 MOTION for Leave to File by Mark Bray.(Beck, Adam) |
| Filing 28 AMENDED COMPLAINT Version with Laurie Leshin as Defendant against Worcester Polytechnic Institute and Laurie Leshin, filed by Mark Bray.(Beck, Adam) Modified on 6/23/2021 (Jones, Sherry). |
| Filing 27 DISREGARD, COUNSEL FILED THE WRONG DOCUMENT, SEE ENTRY #28 FOR CORRECTED VERSION. AMENDED COMPLAINT against Mark Bray, filed by Mark Bray.(Beck, Adam) Modified on 6/23/2021 (Jones, Sherry). |
| Filing 26 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered finding as moot #23 Motion for Extension of Time to Amend and extension of Time to File Response. Fed.R.Civ.P. 15(a) permits the Plaintiff to amend the complaint once as of right within 21 days after the serving of a motion to dismiss.The motion for extension of time to file an amended complaint is therefore, denied as moot. After the filing of the amended complaint, it is the Court's practice to deny the motion to dismiss, as moot, without prejudice to renewing the motion as to the amended complaint. (Castles, Martin) |
| Filing 25 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 24 Transcript of Motion Hearing held on May 17, 2021, before Judge Timothy S. Hillman. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marianne Kusa-Ryll at justicehill@aol.com. Redaction Request due 6/28/2021. Redacted Transcript Deadline set for 7/8/2021. Release of Transcript Restriction set for 9/7/2021. (Coppola, Katelyn) |
| Filing 23 MOTION for Extension of Time to June 18, 2021 to Amend #1 Complaint and Motion for Extension of Time to file a response to Defendant's Motion to Dismiss by Mark Bray.(Beck, Adam). Added MOTION for Extension of Time to File Response/Reply on 6/7/2021 (Jones, Sherry). |
| Filing 22 AFFIDAVIT of Mark Macchi in Support re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Worcester Polytechnic Institute. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Macchi, Mark) |
| Filing 21 MEMORANDUM in Support re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Worcester Polytechnic Institute. (Roberts, Scott) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Worcester Polytechnic Institute.(Roberts, Scott) |
| Filing 19 District Judge Timothy S. Hillman: ORDER entered denying #2 Motion for TRO and Preliminary Injunction. (Castles, Martin) |
| Filing 18 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. ORDER Canceling Deadline. The Telephone Conference set for 5/18/2021 is hereby canceled as plaintiff's counsel informed the Court the issue addressed in the addendum has been resolved. (Castles, Martin) |
| Filing 17 AFFIDAVIT in Support re #16 Response to Motion Supplemental Affidavit of Gregory A. Snoddy. (Roberts, Scott) |
| Filing 16 Supplemental RESPONSE to Motion re #2 MOTION for Temporary Restraining Order Response to Plaintiff's Addendum (ECF No. 14) filed by Worcester Polytechnic Institute. (Roberts, Scott) |
| Filing 15 ELECTRONIC NOTICE of Hearing. Telephone Conference set for 5/18/2021 at 2:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. The Court will be addressing the issues in the Addendum filed on 5/17/21. (Castles, Martin) |
| Filing 14 ADDENDUM re #2 MOTION for Temporary Restraining Order filed by Mark Bray. (Beck, Adam) |
| Filing 13 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 5/17/2021 re #2 MOTION for Temporary Restraining Order filed by Mark Bray, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement #2 Motion for TRO, Exhibits 1-3 admitted, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Beck/Roberts,Macchi) (Castles, Martin) |
| Filing 12 AFFIDAVIT in Support re #10 Opposition to Motion of Gregory A. Snoddy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Roberts, Scott) |
| Filing 11 AFFIDAVIT in Support re #10 Opposition to Motion of Emily Perlow. (Attachments: #1 Exhibit A, #2 Exhibit B)(Roberts, Scott) |
| Filing 10 Opposition re #2 MOTION for Temporary Restraining Order filed by Worcester Polytechnic Institute. (Roberts, Scott) |
| Filing 9 NOTICE of Appearance by Scott A. Roberts on behalf of Worcester Polytechnic Institute (Roberts, Scott) |
| Filing 8 NOTICE of Appearance by Mark Macchi on behalf of Worcester Polytechnic Institute (Macchi, Mark) |
| Filing 7 SUMMONS Returned Executed Worcester Polytechnic Institute served on 5/14/2021, answer due 6/4/2021. (Beck, Adam) |
| Filing 6 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. ORDER Setting Hearing on Motion #2 MOTION for Temporary Restraining Order : Motion Hearing set for 5/17/2021 10:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. Plaintiff, Mark Bray, has filed an unverified complaint on Defendant, Worcester Polytechnic Institute, and simultaneously therewith, has filed a motion for Temporary Restraining Order seeking a hearing before May 20, 2021. Under Fed.R.Civ.P. 65(b), Defendant is entitled to Notice prior to the issuance of any such order. Plaintiff has yet to provide proof that he has served the complaint on the Defendant. The Court will hold an in-person hearing on Plaintiffs motion on Monday, May 17, 2021 at 10:00 a.m., in Courtroom No. 2 at the U.S. Courthouse in Worcester, MA, provided that by 5:00 p.m. on Friday, May 14, 2021, Plaintiff provides the Court with proof that he has served the complaint and a copy of this notice on the Defendant. If Plaintiff fails to timely provide the requisite proof, the hearing shall be cancelled and rescheduled to a time which is: (1) after Plaintiff has provided proof of service on the Defendant, and (2) convenient to all parties and the Court. In accordance with the Courts Covid-19 protocols, all persons shall be required to wear masks and maintain appropriate social distancing while in the Courthouse.(Castles, Martin) |
| Filing 5 Summons Issued as to Worcester Polytechnic Institute. 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. (Jones, Sherry) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman 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 David H. Hennessy. (Finn, Mary) |
| Filing 3 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order filed by Mark Bray. (Beck, Adam) |
| Filing 2 MOTION for Temporary Restraining Order by Mark Bray.(Beck, Adam) |
| Filing 1 COMPLAINT against Worcester Polytechnic Institute Filing fee: $ 402, receipt number 0101-8772379 (Fee Status: Filing Fee paid), filed by Mark Bray. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Beck, Adam) |
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