De Barros v. From You Flower, LLC et al
| Elson M De Barros and Elson M DeBarros |
| Robyn Fontaine, From You Flower, LLC and Delivery Company Cambridge, Massachusetts |
| 1:2018cv00503 |
| September 11, 2018 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| 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) |
| Filing 7 Summons Request filed by Elson M DeBarros. (Attachments: #1 Summons, #2 Summons)(Potter, Carrie) |
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)
|
|
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)
|
| 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) |
|
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)
|
|
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)
|
| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Patricia A. Sullivan. (Jackson, Ryan) |
| Filing 3 CASE OPENING NOTICE ISSUED (Potter, Carrie) |
| Filing 3 CASE OPENING NOTICE ISSUED (Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Elson M De Barros. (Attachments: #1 Exhibit)(Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Elson M De Barros. (Attachments: #1 Exhibit)(Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Elson M De Barros. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Elson M De Barros. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Potter, Carrie) |
| .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) |
| .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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Rhode Island District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
