Doe v. Portsmouth Abbey School et al
| Jane Doe |
| Portsmouth Abbey School, Michael Bowen Smith, John Does 1-60 and Order of St. Benedict in Portsmouth, Rhode Island, a religious entity |
| 1:2020cv00500 |
| December 1, 2020 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 19 MOTION to Dismiss for Lack of Jurisdiction filed by Michael Bowen Smith. Responses due by 2/5/2021. (Attachments: #1 Supporting Memorandum, #2 Exhibit Exhibit A)(Connolly, Thomas) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's First Amended Complaint) filed by Order of St. Benedict in Portsmouth, Rhode Island, a religious entity. Responses due by 2/5/2021. (Richard, Steven) |
TEXT ORDER entering #17 Stipulation setting schedule for Responses to Amended Complaint, Acceptance of Service, and entering Briefing Schedule Concerning Motions to Dismiss filed by Portsmouth Abbey School. So Ordered by District Judge William E. Smith on 1/21/2021. (Jackson, Ryan)
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| Filing 17 Joint STIPULATION re #11 Amended Complaint (Re: Acceptance of Service and Proposed Briefing Schedule Concerning Motions to Dismiss) filed by Portsmouth Abbey School. (Richard, Steven) |
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TEXT ORDER: Fed. R. Civ. P. 4(a)(1)(B) states that a summons must be 'directed to the defendant'; the Rules 'notice of lawsuit' form provides that this shall be by 'nam[ing] the defendant or if the defendant is a corporation, partnership, or association name an officer or agent authorized to receive service).' Based on this requirement, a summons directed to a 'John Doe' is not proper under Rule 4(a)(1)(B). Noble v. Ozborn-Hessey Logistics, No. 4:14-CV-01149-NKL, 2015 WL 852392, at *3 (W.D. Mo. Feb. 26, 2015). In addition, Fed. R. Civ. P. 4(b) requires that a summons must be issued for each defendant to be served. Further, Fed. R. Civ. P. 4(b) provides that the clerk shall issue a summons only if it is 'properly completely.' Based on the foregoing, the Clerk's Office is directed not to issue the summons requested at ECF #14 because it is vaguely directed to 60 unnamed 'Does' and therefore is not properly completed. To the extent that the plaintiff identifies one or more of the persons or entities named as Does 1-60 and amends the complaint to state a claim against such person or entity, the plaintiff may request that summonses be issued to such defendants in accordance with Fed. R. Civ. P. 4. So Ordered by Magistrate Judge Patricia A. Sullivan on 12/22/2020. (Simoncelli, Michael)
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| Filing 16 NOTICE by Jane Doe of Related Proceedings (Gehlawat, Neil) |
| Filing 15 Summons Issued as to Order of St. Benedict in Portsmouth, Rhode Island, a religious entity, Michael Bowen Smith. (Attachments: #1 Summons)(Hicks, Alyson) |
| Filing 14 Summons Request filed by Jane Doe. (Ring, David) |
| Filing 13 Summons Request filed by Jane Doe. (Ring, David) |
| Filing 12 Summons Request filed by Jane Doe. (Ring, David) |
| Filing 11 AMENDED COMPLAINT against John Does 1-60, Michael Bowen Smith, Order of St. Benedict in Portsmouth, Rhode Island, a religious entity, filed by Jane Doe.(Ring, David) |
| Filing 10 NOTICE of Appearance by David M. Ring on behalf of Jane Doe (Ring, David) |
| Filing 9 NOTICE of Appearance by Neil K. Gehlawat on behalf of Jane Doe (Gehlawat, Neil) |
| Filing 8 NOTICE of Appearance by Thomas Connolly on behalf of Michael Bowen Smith (Connolly, Thomas) |
| Filing 7 NOTICE of Appearance by Steven M. Richard on behalf of Portsmouth Abbey School (Richard, Steven) |
| Filing 6 SUMMONS Returned Executed by Jane Doe. Portsmouth Abbey School served on 12/4/2020, answer due 12/28/2020. (Conlon, Timothy) |
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TEXT ORDER granting #4 Motion to Appear Pro Hac Vice for David Ring and granting #5 Motion to Appear Pro Hac Vice for Neil K. Gehlawat filed by Timothy J. Conlon. So Ordered by District Judge William E. Smith on 12/2/2020. (McGuire, Vickie)
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| Filing 5 MOTION for Neil K. Gehlawat to Appear Pro Hac Vice for Plaintiff ( filing fee paid $ 100.00, receipt number 0103-1572885 ) filed by All Plaintiffs. (Conlon, Timothy) |
| Filing 5 MOTION for Neil K. Gehlawat to Appear Pro Hac Vice for Plaintiff ( filing fee paid $ 100.00, receipt number 0103-1572885 ) filed by All Plaintiffs. (Conlon, Timothy) |
| Filing 4 MOTION for David M. Ring to Appear Pro Hac Vice for Plaintiff ( filing fee paid $ 100.00, receipt number 0103-1572884 ) filed by All Plaintiffs. (Conlon, Timothy) |
| Filing 4 MOTION for David M. Ring to Appear Pro Hac Vice for Plaintiff ( filing fee paid $ 100.00, receipt number 0103-1572884 ) filed by All Plaintiffs. (Conlon, Timothy) |
| Filing 3 Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons)(McGuire, Vickie) |
| Filing 3 Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons)(McGuire, Vickie) |
| Filing 2 CASE OPENING NOTICE ISSUED (McGuire, Vickie) |
| Filing 2 CASE OPENING NOTICE ISSUED (McGuire, Vickie) |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00, receipt number 0103-1572699 ), filed by Jane Doe. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Summons Portsmouth Abbey, #3 Summons John Does, #4 Summons Smith)(Conlon, Timothy) |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00, receipt number 0103-1572699 ), filed by Jane Doe. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Summons Portsmouth Abbey, #3 Summons John Does, #4 Summons Smith)(Conlon, Timothy) |
| Case assigned to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (McGuire, Vickie) |
| Case assigned to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (McGuire, Vickie) |
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