Tomas v. Buckley et al
| Joseph Tomas |
| Corey K. Hodson, Corey Hudson, Sage M. Buckley and Progressive Casualty Insurance Company |
| 1:2020cv00235 |
| May 27, 2020 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| William E Smith |
| Motor Vehicle |
| 28 U.S.C. § 1331 |
| Defendant |
Docket Report
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| Filing 44 Case transferred in from District of Massachusetts; Case Number 1:19-cv-12079. Original file certified copy of transfer order and docket sheet received. NOTICE TO COUNSEL: Pursuant to LR Gen 201(b)(5), counsel who is a member in good standing of the bar of another federal district court is exempt from the requirements of bar membership, and may appear and practice in this Court for this case. Counsel is directed to register as an ECF Filing User in accordance with LR Gen 304(a) by completing the ECF Registration Form located under the CM/ECF Quick Link from our website. #http://www.rid.uscourts.gov |
| Filing 43 Case transferred to District of Rhode Island. Original file sent electronically to Clerk in that district. (McDonagh, Christina) |
| Filing 42 Judge Allison D. Burroughs: ORDER entered. Case Transferred to USDC RI. (McDonagh, Christina) |
| Filing 41 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Buckley and Hodson's motion to dismiss or transfer, [ECF No. #32 -1], is GRANTED in part and DENIED in part. This action will be transferred to the District of Rhode Island for further proceedings. The Court notes that Plaintiff has a pending motion to appoint counsel, [ECF No. #34 ], which will remain pending to allow Plaintiff to seek counsel admitted to practice within the State of Rhode Island. SO ORDERED.(McDonagh, Christina) |
| Filing 40 RESPONSE to Motion re #32 First MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Complaint or Transfer to Proper Venue Request for Leave to Join Co-Defendants' Motion to Dismiss filed by Progressive Casualty Insurance Company. (Coletti, Carroll) |
| Filing 39 Copy re 38 Order on Motion for Hearing mailed to Joseph Tomas on 3/11/2020. (McDonagh, Christina) |
| Filing 38 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff's requests for default, [ECF Nos. #35 and #36 ], are DENIED. Defendants Buckley and Hodson have now filed a motion to dismiss or transfer, [ECF No. #32 ], which is a sufficient response to the amended complaint and precludes default. Although filed late, the Court in its discretion will allow the motion to proceed. Plaintiff's response, if any, is due by March 20, 2020. Plaintiff's motion for hearing, [ECF No. #33 ], is DENIED. The court will inform the parties if it believes a hearing on the motion to dismiss or transfer to be necessary. (McDonagh, Christina) |
| Filing 37 CORPORATE DISCLOSURE STATEMENT by Progressive Casualty Insurance Company identifying Corporate Parent Progressive Corporation for Progressive Casualty Insurance Company.. (Coletti, Carroll) |
| Filing 36 Request for notice of default as to Corey K. Hodson by Joseph Tomas. (McDonagh, Christina) |
| Filing 35 Request for notice of default as to Sage M. Buckley by Joseph Tomas. (McDonagh, Christina) |
| Filing 34 MOTION to Appoint Counsel by Joseph Tomas.(McDonagh, Christina) |
| Filing 33 MOTION for Immediate Hearing by Joseph Tomas.(McDonagh, Christina) |
| Filing 32 First MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Complaint or Transfer to Proper Venue by Sage M. Buckley, Corey K. Hodson. (Attachments: #1 Motion to Dismiss, #2 Memo in Support, #3 Exhibits)(DiSciullo, John) |
| Filing 31 Copy re 30 Order, mailed to Joseph Tomas on 3/6/2020. (McDonagh, Christina) |
| Filing 30 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On January 29, 2020, the Court ordered Defendants to file a response to Plaintiff's amended complaint by February 17, 2020. [ECF No. 27 ]. As of March 6, 2020, Defendants Buckley and Hodson have not answered or otherwise responded to the amended complaint. Plaintiff shall file a request for entry of default against Defendants Buckley and Hodson by March 20, 2020, or the action may be dismissed.(McDonagh, Christina) |
| Filing 29 Defendant Progressive Casualty Insurance Company's ANSWER to #25 Amended Complaint by Progressive Casualty Insurance Company.(Coletti, Carroll) |
| Filing 28 Copy re [Dkt # 27] Order on Motion to Dismiss, Order on Motion for Extension of Time, mailed to Joseph Tomas on 1/29/2020. (Pacho, Arnold) |
| Filing 27 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff's motion for extension of time for service, [ECF No. #26 ], is DENIED as moot. Counsel has entered an appearance for Defendant Buckley and responded to the initial complaint. [ECF Nos. #22 , #23 ]. Accordingly, neither the absence of the middle initial "M" on the original summons nor the sufficiency of service appears to be an issue. Defendants' motion to dismiss, [ECF No. #23 ], is DENIED as moot in light of Plaintiff's filing of an amended complaint, [ECF No. #25 ]. Defendants shall file a response to the amended complaint by February 17, 2020. If any Defendant responds to the amended complaint by filing a motion to dismiss, Plaintiff will have 14 days to respond. (Pacho, Arnold) |
| Filing 26 MOTION for 30 Day Extension of Time to serve defendant Sage M. Buckley by Joseph Tomas. (Pacho, Arnold) |
| Filing 25 AMENDED COMPLAINT against Progressive Casualty Insurance Company, Corey K. Hodson, Sage M. Buckley, filed by Joseph Tomas. (Pacho, Arnold) |
| Filing 24 MEMORANDUM in Support re #23 First MOTION to Dismiss Plaintiff's Complaint or Transfer to Proper Venue filed by Sage M. Buckley, Corey K. Hodson. (McDonagh, Christina) |
| Filing 23 First MOTION to Dismiss Plaintiff's Complaint or Transfer to Proper Venue by Sage M. Buckley, Corey K. Hodson. (Attachments: # 1 Exhibit)(DiSciullo, John) Modified on 1/21/2020 to make Memorandum in Support it's own Docket Entry (McDonagh, Christina). |
| Filing 22 NOTICE of Appearance by John B. DiSciullo on behalf of Sage M. Buckley, Corey K. Hodson (DiSciullo, John) |
| Filing 21 Copy of NEF of docket entries 19 and 20 mailed to Joseph Tomas on 1/15/2020. (PSSA, 3) |
| Filing 20 Remark. Per grant of motion #17 to Substitute: (1) Defendant Corey Hudson terminated as a party; (2) Corey K. Hodson added as a defendant; (3) name of defendant Sage Buckley, for whom there is no record on the docket of service having been completed, changed to Sage M. Buckley; and (4) name of Defendant Progressive Insurance Co. changed to Progressive Casualty Insurance Company. (PSSA, 3) |
| Filing 19 Judge Allison D. Burroughs: ELECTRONIC ORDER entered The motions to substitute #17 and to amend #16 are allowed. Plaintiff shall file his amended complaint within thirty-five (35) days of the date of this order and mail a copy of the same to counsel for defendant Progressive Corporation. The amended complaint will replace the original complaint. Plaintiff should include in the amended complaint the correct name of all parties, all claims, and relevant supporting factual allegations, whether or not they were included in the original complaint. Once the amended complaint is filed, a summons will issue for any defendant who was not served with the original complaint and the Clerk will provide a USM-285 form for each summons issued. Plaintiff may ask the USMS to complete service with all costs of service to be advanced by the United States. The motion for counsel #18 is denied without prejudice to renewal after the defendants have responded to the amended complaint. (PSSA, 3) Modified on 1/15/2020 (PSSA, 3). |
| Filing 16 MOTION to Amend #1 Complaint by Joseph Tomas.(McDonagh, Christina) |
| Filing 18 MOTION to Appoint Counsel by Joseph Tomas.(McDonagh, Christina) |
| Filing 17 MOTION to Substitute Party by Joseph Tomas. (Attachments: #1 Exhibit 1)(McDonagh, Christina) |
| Filing 15 Copy re 14 Order mailed to Joseph Tomas on 1/10/2020. (McDonagh, Christina) |
| Filing 14 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff is ordered to file timely proof of service or show cause, in writing prior to January 31, 2020, why this case should not be dismissed against Defendant Sage Buckley for failure to effect timely service to that Defendant under Federal Rule of Civil Procedure 4(m).(McDonagh, Christina) |
| Filing 13 NOTICE of Appearance by Richard P. Morrison on behalf of Corey Hudson (Morrison, Richard) |
| Filing 12 Defendant Progressive Casualty Insurance Company's ANSWER to #1 Complaint with Jury Demand by Progressive Corporation.(Coletti, Carroll) |
| Filing 11 ANSWER to #1 Complaint by Corey Hudson.(Morrison, Richard) |
| Filing 10 Summons Returned Unexecuted by Joseph Tomas as to Sage Buckley. (McDonagh, Christina) |
| Filing 9 SUMMONS Returned Executed Corey Hudson served on 12/10/2019, answer due 12/31/2019. (McDonagh, Christina) |
| Filing 8 SUMMONS Returned Executed Progressive Corporation served on 11/25/2019, answer due 12/16/2019. (McDonagh, Christina) |
| Filing 7 NOTICE re #5 NOTICE to PLAINTIFF for service by USMS and copy of Local Rule 4.1(Castilla, Francis) |
| Filing 6 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. (Castilla, Francis) |
| Filing 5 Judge Allison D. Burroughs: ORDER entered granting #3 Motion for Leave to Proceed in forma pauperis; denying without #2 Motion for speedy review. The Clerk shall issue summonses for all the defendants. The plaintiff is responsible for serving the summonses, complaint, and this order on the defendants in compliance with Rule 4 of the Federal Rules of Civil Procedure. (PSSA, 3) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Marianne B. Bowler. (Danieli, Chris) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Joseph Tomas.(Castilla, Francis) |
| Filing 2 MOTION Speedy review by the court by Joseph Tomas.(Castilla, Francis) |
| Filing 1 COMPLAINT against All Defendants, filed by Joseph Tomas. (Attachments: #1 Exhibit Police report, #2 Civil Cover Sheet)(Castilla, Francis) |
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