De Barros v. From You Flower, LLC et al

Plaintiff: Elson M De Barros and Elson M DeBarros
Defendant: Robyn Fontaine, From You Flower, LLC and Delivery Company Cambridge, Massachusetts
Case Number: 1:2018cv00503
Filed: September 11, 2018
Court: US District Court for the District of Rhode Island
Presiding Judge: William E Smith
Referring Judge: Patricia A Sullivan
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1331
Jury Demanded By: None

Docket Report

This docket was last retrieved on May 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2018 Filing 8 Summons Issued as to Delivery Company Cambridge, Massachusetts, Robyn Fontaine, From You Flower, LLC. Summons and USM-285 Forms forwarded to the US Marshals Service for service. (Attachments: #1 Summons, #2 Summons)(Potter, Carrie)
November 9, 2018 Filing 7 Summons Request filed by Elson M DeBarros. (Attachments: #1 Summons, #2 Summons)(Potter, Carrie)
November 8, 2018 Opinion or Order Filing 6 ORDER re #5 Amended Complaint filed by Elson M DeBarros-Service of Summonses. So Ordered by Magistrate Judge Patricia A. Sullivan on 11/8/2018. (Saucier, Martha)
November 6, 2018 Opinion or Order TEXT ORDER: Having heard no objections, the Court ACCEPTS Magistrate Judge Sullivans #4 Report and Recommendation and adopts its recommendations and reasoning. Plaintiff has thirty (30) days from the date of this order to file an amended complaint to cure the deficiencies outlined in the R&R, or this action shall be DISMISSED WITHOUT PREJUDICE as to defendants Delivery Company Cambridge, Massachusetts and Robyn Fontaine. Considering Plaintiffs attempt to file an amended complaint prior to the Courts adoption of the R&R, leave is also granted retroactively to 10/19/2018 - So Ordered by Chief Judge William E. Smith on 11/6/2018. (Urizandi, Nisshy)
October 19, 2018 Filing 5 AMENDED COMPLAINT against Delivery Company Cambridge, Massachusetts, Robyn Fontaine, From You Flower, LLC, filed by Elson M DeBarros. (Attachments: #1 Summons, #2 Exhibit, #3 Exhibit)(Simoncelli, Michael)
October 1, 2018 Opinion or Order TEXT ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiffs motion to proceed in forma pauperis (ECF No. 2) is provisionally granted based on the satisfaction of the 28 U.S.C. section 1915(a)(2) factors. However, because it is unclear what persons or entities are to be served, the Clerk should not initiate the process of issuing summonses to serve the complaint until either an amended complaint that states a plausible claim against all three defendants is filed or until thirty days passes from the adoption of the accompanying report and recommendation without amendment. In the latter event, summonses should issue solely with respect to defendant From You Flower, LLC.. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/1/2018. (Saucier, Martha)
October 1, 2018 Opinion or Order Filing 4 REPORT AND RECOMMENDATIONS re #1 Complaint filed by Elson M De Barros. I find all allegations against Defendants Delivery Company Cambridge, Massachusetts and Robyn Fontaine should be dismissed for failure to state a claim under Rule 12(b)(6). Nevertheless, because Plaintiff may be able to cure some of the deficiencies identified in this report and recommendation, I alsorecommend that Plaintiff be allowed to file an amended complaint within thirty days of the Courts adoption of this report and recommendation. See Brown v. Rhode Island, 511 F. Appx 4, 5-7 (1st Cir. 2013). Objections to R&R due by 10/15/2018.. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/1/2018. (Saucier, Martha)
September 17, 2018 MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Patricia A. Sullivan. (Jackson, Ryan)
September 11, 2018 Filing 3 CASE OPENING NOTICE ISSUED (Potter, Carrie)
September 11, 2018 .CLERKS NOTE: Remote electronic access to document #2 MOTION for Leave to Proceed in forma pauperis has been restricted by the Clerks Office as it contains one or more personal identifiers. Filer is directed to submit a redacted version. (Potter, Carrie)
September 11, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Elson M De Barros. (Attachments: #1 Exhibit)(Potter, Carrie)
September 11, 2018 Filing 1 COMPLAINT, filed by Elson M De Barros. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Potter, Carrie)
September 11, 2018 Filing 3 CASE OPENING NOTICE ISSUED (Potter, Carrie)
September 11, 2018 .CLERKS NOTE: Remote electronic access to document #2 MOTION for Leave to Proceed in forma pauperis has been restricted by the Clerks Office as it contains one or more personal identifiers. Filer is directed to submit a redacted version. (Potter, Carrie)
September 11, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Elson M De Barros. (Attachments: #1 Exhibit)(Potter, Carrie)
September 11, 2018 Filing 1 COMPLAINT, filed by Elson M De Barros. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Potter, Carrie)

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Search for this case: De Barros v. From You Flower, LLC et al
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Plaintiff: Elson M De Barros
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Plaintiff: Elson M DeBarros
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Defendant: Robyn Fontaine
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Defendant: From You Flower, LLC
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Defendant: Delivery Company Cambridge, Massachusetts
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