Clinton-Brown et al v. Hardick et al
| Ebony Clinton-Brown and Todd Brown |
| Helene Hardick, John Hardick and Trustees of the Helene Hardick Living Trust |
| 1:2021cv00176 |
| April 16, 2021 |
| US District Court for the District of Rhode Island |
| Providence Office |
| Lincoln D Almond |
| William E Smith |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2021. A more recent docket listing may be available from PACER.
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| NOTICE of Hearing: 'In' Chambers Conference re: Scheduling and Summary Judgment via Zoom scheduled for TUESDAY 6/29/2021 at 9:30 AM as a Remote Hearing before District Judge William E. Smith; Zoom information will be emailed to counsel. (Jackson, Ryan) Modified on 6/9/2021: corrected date typo (Jackson, Ryan). |
| Filing 40 ANSWER to #1 Complaint, by Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust.(Procaccini, Daniel) |
TEXT ORDER: Pursuant to Rule 26 of the Federal Rules of Civil Procedure, the parties are directed to begin their mandatory disclosures immediately, before the Rule 16 conference. To the extent that the parties wish to begin discovery on a cooperative basis prior to the initial conference, they are encouraged to do so. So Ordered by District Judge William E. Smith on 4/29/2021. (Jackson, Ryan)
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| Filing 39 Case transferred in from District of Massachusetts; Case Number 1:20-cv-11694. 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 39 Case transferred in from District of Massachusetts; Case Number 1:20-cv-11694. 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 38 Case transferred to the District of Rhode Island. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (Kelly, Danielle) |
| Filing 37 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER: the court GRANTS the Hardicks' Motion to Dismiss #13 in part, finding that the court lacks personal jurisdiction over the Defendants and that venue is improper but that the case should be transferred rather than dismissed. The court directs the clerk to transfer the case to the District of Rhode Island pursuant to 28 U.S.C. § § 1631 and 1406(a). Please see attached. (Kelly, Danielle) |
| Filing 36 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 4/14/2021 re #13 Defendants' Motion to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction and Improper Venue filed by Trustees of the Helene Hardick Living Trust, John Hardick, Helene Hardick. Case called. Court heard argument from counsel. Motion taken under advisement. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: John Michael Dupuis, Michael D. Simons, William M. Dolan, Daniel J. Procaccini) (MacDonald, Gail) |
| Filing 35 Response by Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust to #32 Sur-Reply to Motion, (Leave Granted April 8, 2021). (Procaccini, Daniel) |
| Filing 34 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #33 Motion for Leave to File Response in Opposition to Plaintiffs' Sur-Reply re #32 Sur-Reply to Motion; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 33 MOTION for Leave to File Response in Opposition to Plaintiffs' Sur-Reply re #32 Sur-Reply to Motion, by Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust. (Attachments: #1 Exhibit A - Proposed Response)(Procaccini, Daniel) Modified on 4/8/2021: Corrected event type (Kelly, Danielle). |
| Filing 32 SUR-REPLY to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction /Defendants' Motion to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction and Improper Venue filed by Todd Brown, Ebony Clinton-Brown. (Attachments: #1 Exhibit EXHIBIT A, DEPOSITION TESTIMONY OF DENISE FUSARO, #2 Exhibit EXHIBIT B, EXCLUSIVE RIGHT OF SALE DOCUMENT)(Simons, Michael) |
| Filing 31 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #30 Motion for Leave to File Sur-Reply; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 30 MOTION for Leave to File SUR REPLY NUNC PRO TUNC by Todd Brown, Ebony Clinton-Brown. (Attachments: #1 PLAINTIFFS SUR-REPLY, NUNC PRO TUNC, #2 Exhibit EXHIBIT A, DEPOSITION TESTIMONY OF DENISE FUSARO, #3 Exhibit EXHIBIT B, EXCLUSIVE RIGHT OF SALE DOCUMENT)(Simons, Michael) |
| Filing 29 ELECTRONIC NOTICE Setting Hearing on Motion #13 MOTION to Dismiss for Lack of Jurisdiction /Defendants' Motion to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction and Improper Venue: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 4/14/2021 03:30 PM in Remote Proceeding : Boston before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 28 Judge Indira Talwani: ELECTRONIC ORDER denying Emergency Motion for Protective Order and Stay of Discovery #26 .On November 3, 2020, the parties filed their Joint Report of Rule 26(f) Early Meeting #12 , setting forth proposed deadlines for discovery and other pretrial matters. On November 23, 2020, this court held a telephonic scheduling conference. See Elec. Clerks Notes 16 . The court adopted May 24, 2021, as the close of fact discovery, as proposed by the parties. See Scheduling Order #18 . On February 24, 2021, Defendants filed an Emergency Motion for Protective Order and Stay of Discovery #26 . Despite the court's directive that Counsel encountering a discovery dispute are encouraged to request a conference with the court before filing a discovery motion, Scheduling Order 3 #18 , Defendants made no such request, and instead are asking for relief on an emergency basis. The court finds no grounds for the relief requested. Defendants seek to stay discovery entirely because the court has not resolved their pending Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue #13 . That motion was filed after the Joint Report #12 , in which Defendants did not raise or reserve any objection to personal jurisdiction or venue, and shortly before the courts scheduling conference. At the scheduling conference, Defendants counsel concurred that the issue presented by the motion to dismiss is whether the case should proceed in the District of Massachusetts or in the District of Rhode Island. See Transcript 4 #24 . The court concluded that there was no reason not to enter a scheduling order because the case would proceed, whether in Massachusetts or in Rhode Island. Id. Defendants' counsel offered no disagreement, made no request that discovery be stayed pending resolution of the Motion to Dismiss #13 , and raised no objection to the court setting fact discovery deadlines, as proposed by the parties. See generally Transcript #24 . Where Defendants, through counsel, jointly proposed the current discovery schedule, did not object to the court's entry of the fact discovery deadline, and acknowledged that this action would proceed either here or in Rhode Island, the request to stay discovery is DENIED. Defendants Emergency Motion for Protective Order and Stay of Discovery #26 asks in the alternative to stay the deposition of Defendants real estate agent, J. Denise Fusaro, by forty-five days. According to the motion, Plaintiffs first served Defendants with a Rule 45 subpoena seeking the deposition of the real estate agent on January 28, 2021. See Emergency Mot. #26 . The parties conferred but were unable to resolve their dispute. Defendants neither requested a discovery conference nor filed a prompt motion for a protective order. Instead, only after Plaintiffs reissued the subpoena on February 23, 2021, for a deposition on March 11, 2021, did Defendants seek the requested relief, now on an emergency basis. Defendants state that they have not communicated with their real estate agent in over a year and that the stay is necessary because Defendants should not be forced to depose their own fiduciary from a complete state of ignorance. Emergency Mot. #26 . They further argue that they should have a reasonable opportunity to gather facts attendant to [the real estate agents] activities and infractions. . . that they may question [her] in a comprehensive, intelligent, and efficient manner. They object that Plaintiffs have already obtained an affidavit from her. Defendants have had ample time to gather facts. The real estate agent's affidavit was filed with Plaintiffs' complaint, see Affidavit [1-3], on September 16, 2020. Defendants also understood early on that her testimony was material, arguing in their November 2020 memorandum that it would be unduly burdensome for the Hardicks. . . to obtain the trial testimony of material witnesses [including Ms. Fusaro who is] located in Rhode Island. Def. Mem. #14 . That Defendants failed to seek the information they now contend they need for the real estate agent's deposition does not provide a ground for a protective order.(Talwani, Indira) Modified on 3/8/2021 (MacDonald, Gail). |
| Filing 27 MEMORANDUM in Support re #26 Emergency MOTION for Protective Order and Stay of Discovery filed by Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Procaccini, Daniel) |
| Filing 26 Emergency MOTION for Protective Order and Stay of Discovery by Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust.(Procaccini, Daniel) |
| Filing 25 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 24 Transcript of Telephonic Scheduling Conference held on November 23, 2020, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 1/8/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/18/2021. (Coppola, Katelyn) |
| Filing 23 REPLY to Response to #13 MOTION to Dismiss for Lack of Jurisdiction /Defendants' Motion to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction and Improper Venue /Defendants' Reply Memorandum in Further Support of Motion to Dismiss filed by Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust. (Procaccini, Daniel) |
| Filing 22 Judge Indira Talwani: ELECTRONIC ORDER granting Defendants' unopposed Motion for Leave to File Reply Memorandum #20 . Defendants' counsel are reminded of their obligation under Local Rule 7.1 to confer prior to filing a motion. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 21 RESPONSE to Motion re #20 MOTION for Leave to File Reply Memorandum in Further Support of Motion to Dismiss filed by Todd Brown, Ebony Clinton-Brown. (Simons, Michael) |
| Filing 20 MOTION for Leave to File Reply Memorandum in Further Support of Motion to Dismiss by Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust.(Procaccini, Daniel) |
| Filing 19 Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction /Defendants' Motion to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction and Improper Venue filed by Todd Brown, Ebony Clinton-Brown. (Attachments: #1 Exhibit A Randall Realtors Webpage, #2 Exhibit B Randall and Kinlin Grover Webpage, #3 Exhibit C Randall Family of Companies Webpage, #4 Exhibit D Randall Webpages, #5 Exhibit E Business Wire Article, #6 Exhibit F Randall Family in the News Webpage, #7 Exhibit G Declaration of Todd Brown, #8 Exhibit H Declaration of Ebony Brown, #9 Exhibit I Attorney John Dupuis Declaration, #10 Exhibit J Trust Deed of 4 Gounod Road, #11 Exhibit K Facebook Page J Cassidy, #12 Exhibit L Attorney Dolan Email, #13 Exhibit M Procaccini Email, #14 Exhibit N Defendants Initial Disclosures, #15 Exhibit O Attorney Dolan Email on Settlement)(Simons, Michael) |
| Filing 18 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. Please see attached. (Kelly, Danielle) |
| Filing 17 ELECTRONIC NOTICE of Hearing. Status Conference set for 5/25/2021 02:15 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158. (MacDonald, Gail) |
| Filing 16 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 11/23/2020. Case called. Court had colloquy with counsel. Remaining proposed dates adopted. Parties to jointly report to clerk any request for ADR and if requested, may request a stay on the Motion to dismiss. Scheduling Order to follow. Status Conf. to be set for 5/25/2021 at 2:15PM. #15 Motion for Extension of Time to File Response/Reply granted; Response to #13 Motion to Dismiss due by 12/7/2020. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: John Michael Dupuis, Michael D. Simons, William M. Dolan) (MacDonald, Gail) Modified on 11/23/2020 (MacDonald, Gail). |
| Filing 15 Assented to MOTION for Extension of Time to 12/07/2020 to File Opposition to Defendants Motion to Dismiss by Todd Brown, Ebony Clinton-Brown.(Simons, Michael) Modified on 11/23/2020: Corrected event type (Kelly, Danielle). |
| Filing 14 MEMORANDUM in Support re #13 MOTION to Dismiss for Lack of Jurisdiction /Defendants' Motion to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction and Improper Venue filed by Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust. (Attachments: #1 Exhibit A - Declaration of John Hardick, #2 Exhibit B - Declaration of Daniel J. Procaccini, Esq.)(Dolan, William) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction /Defendants' Motion to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction and Improper Venue by Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust.(Dolan, William) (Main Document 13 replaced on 11/17/2020) (Kelly, Danielle). |
| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Simons, Michael) |
| Filing 11 NOTICE of Scheduling Conference. Telephonic Scheduling Conference set for 11/23/2020 03:00 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference # 888-808-6929 access code: 8523158. (MacDonald, Gail) |
| Filing 10 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #9 Motion for Leave to Appear Pro Hac Vice Added William M. Dolan III. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of William M. Dolan III Filing fee: $ 100, receipt number 0101-8478304 by Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust. (Attachments: #1 Certification)(Procaccini, Daniel) |
| Filing 8 NOTICE of Appearance by Michael A. D'Ippolito, III on behalf of Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust (D'Ippolito, Michael) |
| Filing 7 NOTICE of Appearance by Daniel J. Procaccini on behalf of Helene Hardick, John Hardick, Trustees of the Helene Hardick Living Trust (Procaccini, Daniel) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Ebony Clinton-Brown, Todd Brown. Trustees of the Helene Hardick Living Trust waiver sent on 9/17/2020, answer due 11/16/2020. (Simons, Michael) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Ebony Clinton-Brown, Todd Brown. Helene Hardick waiver sent on 9/17/2020, answer due 11/16/2020. (Simons, Michael) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Ebony Clinton-Brown, Todd Brown. John Hardick waiver sent on 9/17/2020, answer due 11/16/2020. (Simons, Michael) |
| Filing 3 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. (Warnock, Douglas) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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. (Finn, Mary) |
| Filing 1 COMPLAINT against All Defendants. Filing fee: $ 400, receipt number 0101-8417273 (Fee Status: Filing Fee paid),, filed by Ebony Clinton-Brown. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit A)(Warnock, Douglas) (Attachment 1 replaced on 9/16/2020) (Warnock, Douglas). |
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