DeBarros v. Family Practice Group, P.C. et al
| Elson M DeBarros |
| Family Practice Group, P.C., Jennifer Hillery, Arlington Family Pracatice and Susan Redmond |
| 1:2019cv00367 |
| July 8, 2019 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 3, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 SUMMONS Returned Executed by Family Practice Group, P.C., Arlington Family Pracatice. Family Practice Group, P.C. served on 8/14/2019, answer due 9/4/2019; Arlington Family Pracatice served on 8/14/2019, answer due 9/4/2019. (Attachments: #1 Summons)(Potter, Carrie) |
| Filing 10 USMS Indigent Filer Reimbursement Request. (Potter, Carrie) |
TEXT ORDER denying #7 Motion to Seal Case. Plaintiffs motion to seal the case (ECF No. 7) is denied as to its request to prohibit all public access to the proceedings and judicial records because Plaintiff has not demonstrated that doing so would be consistent with the First Amendment or the common law presumption of access to judicial records. In re Gitto Glob. Corp., 422 F.3d 1, 6 (1st Cir. 2005); In re Boston Herald, Inc., 321 F.3d 174, 182 (1st Cir. 2003). The aspect of the motion focusing on Plaintiffs medical information is denied without prejudice. The local rules of the Court permit a party to ask to have a specific filing sealed based on confidential content, such as health care information. DRI LR Gen 102. Rule 26(c) of the Federal Rules of Civil Procedure permits a protective order to be entered that protects from third party disclosure or inappropriate use of confidential information exchanged in discovery (such as health care information or sensitive financial information). Plaintiffs motion does not relate to any specific confidential information, either exchanged in discovery or to be filed with the Court. In the event that Plaintiff has confidential information that he intends to file, he can ask that it be sealed pursuant to DRI LR Gen 102. If Plaintiff has confidential information that Defendants have requested in discovery, he may ask the Court to enter a protective order. Defendants must ensure their filings do not publicly disclose information that should be sealed under the federal and local rules. denying #9 MOTION to Preserve Evidence . Plaintiffs motion to preserve evidence (ECF No. 9) is denied without prejudice because it appears to focus in part on preservation of evidence that is not within the possession, custody or control of Defendants; it fails to show that Defendants will not adhere to their affirmative duty to preserve all arguably relevant evidence that is within their control; and it relates to evidence dating back five years, which is probably not relevant since the Complaint alleges that the medical treatment underlying the claims started less than four years ago in March 2016. So Ordered by Magistrate Judge Patricia A. Sullivan on 8/27/2019. (Saucier, Martha)
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| MOTIONS REFERRED: #9 MOTION to Preserve Evidence , #7 MOTION to Seal Case referred for determination to Magistrate Judge Patricia A. Sullivan. (Jackson, Ryan) |
| Filing 9 MOTION to Preserve Evidence filed by Elson M DeBarros. Responses due by 8/15/2019. (Simoncelli, Michael) |
| Filing 8 Summons Issued as to Arlington Family Pracatice, Family Practice Group, P.C. Summons and USM-285 forms forwarded to the United States Marshal Service for service. (Simoncelli, Michael) |
| Filing 7 MOTION to Seal Case filed by Elson M DeBarros. (Potter, Carrie) |
| Filing 6 Letter sent to Elson DeBarros requesting that the Process Receipt and Return form (USM-285) and summons be completed in order for the U.S. Marshals Service to effectuate service pursuant to Fed. R. Civ. P. 4(c)(3). USM -285 form can be found by clicking # here. (Potter, Carrie) |
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TEXT ORDER granting #2 Motion for Leave to Proceed in forma pauperis. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/25/2019. (Leyva, Lucia)
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| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Patricia A. Sullivan. (Jackson, Ryan) |
| Filing 5 AMENDED COMPLAINT against All Defendants filed by Elson M DeBarros.(Potter, Carrie) |
| Filing 4 Amended Civil Cover Sheet filed by Elson M DeBarros. Regarding New Case: #1 Complaint. (Potter, Carrie) |
| Filing 3 Pro Se Consent to Receive Documents Electronically filed by Elson M DeBarros. (Potter, Carrie) |
| Filing 3 Pro Se Consent to Receive Documents Electronically filed by Elson M DeBarros. (Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Elson M DeBarros. (Potter, Carrie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Elson M DeBarros. (Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Elson M DeBarros. (Attachments: #1 Civil Cover Sheet)(Potter, Carrie) |
| Filing 1 COMPLAINT, filed by Elson M DeBarros. (Attachments: #1 Civil Cover Sheet)(Potter, Carrie) |
| CASE CONDITIONALLY ASSIGNED to Chief Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. Related Case Number 18-cv-503-WES-PAS based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Potter, Carrie) |
| CASE CONDITIONALLY ASSIGNED to Chief Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. Related Case Number 18-cv-503-WES-PAS based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Potter, Carrie) |
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