Seguin v. Rhode Island Office of Child Support Services et al
| Mary Seguin |
| Rhode Island Office of Child Support Services, Kevin Tighe, Monique Bonin, Frank Dibiase, Wendy A. Fobert, Karla Caballeros, Gero Meyersiek and Timothy Flynn |
| 1:2023cv00034 |
| January 23, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 First MOTION for an Extension of Time to File Response/Reply as to #34 Response to Motion, #35 MOTION to Vacate #23 Clerk's Entry of Default , #33 First MOTION for an Extension of Time to File Response/Reply as to #24 MOTION for Default Judgment as to GERO MEYERSIEK CORRECTION OF DOCKET #19 filed by Mary Seguin. Responses due by 4/6/2023. (Attachments: #1 Exhibit Exhibit I inSupport of Plaintiff's Motion for Extension of Time to Respond to Defendant GERO MEYERSIEK'S 3 MOTIONS and 1 MEMORANDUM OF LAW all filed on the same day 032323)(Seguin, Mary) |
| Filing 36 AFFIDAVIT re Public Docket Note Motion for Default Judgment Against GERO MEYERSIEK filed on March 3, 2023 ECF 19 by Mary Seguin. (Attachments: #1 Exhibit Exhibit A to Plaintiff's Declaration 032323, #2 Exhibit Exhibit B to Plaintiff's Declaration 032323, #3 Exhibit Exhibit C to Plaintiff's Declaration 032323, #4 Exhibit Exhibit D to Plaintiff's Declaration)(Seguin, Mary) |
| Filing 35 MOTION to Vacate #23 Clerk's Entry of Default filed by Gero Meyersiek. Responses due by 4/5/2023. (Attachments: #1 Supporting Memorandum)(Achille, Joanna) |
| Filing 34 RESPONSE In Opposition to #24 MOTION for Default Judgment as to GERO MEYERSIEK CORRECTION OF DOCKET #19 filed by Gero Meyersiek. Replies due by 3/29/2023. (Achille, Joanna) |
| Filing 33 First MOTION for an Extension of Time to File Response/Reply as to #24 MOTION for Default Judgment as to GERO MEYERSIEK CORRECTION OF DOCKET #19 filed by Gero Meyersiek. Responses due by 4/5/2023. (Achille, Joanna) |
| Filing 32 NOTICE of Appearance by Joanna M. Achille on behalf of Gero Meyersiek (Achille, Joanna) |
TEXT ORDER denying Plaintiff's #20 Motion for Reconsideration of Text Order and granting Defendants' #26 Motion to Withdraw as Attorney. "The granting of a motion for reconsideration is an extraordinary remedy which should be used sparingly." Palmer v. Champion Mortg., 465 F.3d 24, 30 (1st Cir. 2006) (internal quotation marks and citation omitted). To succeed on a motion for reconsideration, a movant "must determine either that newly discovered evidence (not previously available) has come to light or that the rendering court committed a manifest error of law." Id. Plaintiff has not met this burden and has not demonstrated that any prejudice will result from the extension of time granted to Defendants to file an answer. Accordingly, Plaintiff's #20 Motion for Reconsideration of Text Order is DENIED. In addition, Plaintiff has not demonstrated that any prejudice or delay will result from the withdrawal of Attorney Justin J. Sullivan. Two other Counsels on Record on behalf of Defendants are familiar with the facts of the case, pending motions, and upcoming deadlines. Accordingly, Defendants' #26 Motion to Withdraw as Attorney is GRANTED. So Ordered by District Judge William E. Smith on 3/22/2023. (Urizandi, Nissheneyra)
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| Filing 31 REPLY to Response re #29 Response to Motion, Motion for Reconsideration of Text Order Granting Extension of Time to Answer to State Defendants filed by Mary Seguin. (Seguin, Mary) |
| Filing 30 REPLY to Response re #28 Response to Motion to Withdraw as Attorney filed by Monique Bonin, Karla Caballeros, Frank Dibiase, Timothy Flynn, Wendy A. Fobert, Rhode Island Office of Child Support Services, Kevin Tighe. (Pizana, Marissa) |
| Filing 29 RESPONSE In Opposition to #20 MOTION for Reconsideration of Text Order Granting Extension of Time to Defendants dated March 3, 2023 filed by Monique Bonin, Karla Caballeros, Frank Dibiase, Timothy Flynn, Wendy A. Fobert, Rhode Island Office of Child Support Services, Kevin Tighe. Replies due by 3/23/2023. (Pizana, Marissa) |
| Filing 28 RESPONSE In Opposition to #26 MOTION to Withdraw as Attorney filed by Mary Seguin. Replies due by 3/20/2023. (Seguin, Mary) |
| Filing 27 SUMMONS Returned Executed RE: #1 COMPLAINT, as to all defendants. (Attachments: #1 Summons- RI Office of Child Support Services, #2 Envelope)(Kenny, Meghan) |
| Filing 26 MOTION to Withdraw as Attorney filed by Rhode Island Office of Child Support Services. Responses due by 3/24/2023. (Sullivan, Justin) |
| Filing 25 NOTICE of Appearance by Marissa D. Pizana on behalf of Rhode Island Office of Child Support Services (Pizana, Marissa) |
| DOCKET NOTE: Regarding: #19 MOTION for Default Judgment as to GERO MEYERSIEK. Corrected version filed at ECF #24 . (Simoncelli, Michael) |
| Filing 24 MOTION for Default Judgment as to GERO MEYERSIEK CORRECTION OF DOCKET #19 filed by Mary Seguin. Responses due by 3/22/2023. (Seguin, Mary) |
| Filing 23 CLERK'S ENTRY OF DEFAULT as to Gero Meyersiek (DaCruz, Kayla) |
| Filing 22 NOTICE by Mary Seguin re #21 Notice (Other) 21-Day Notice of Plaintiff's Intent to File Rule 11 Motion for Sanctions (Attachments: #1 Affidavit Plaintiff's Affidavit of the March 6 2023 Family Court Hearing in Support of Plaintiff's Rule 11 Motion for Sanctions Against Defendants 030623)(Seguin, Mary) |
| Filing 21 NOTICE by Mary Seguin 21-Day Notice of Plaintiff's Intent to File Rule 11 Motion for Sanctions (Attachments: #1 Exhibit Court stamped filing of Proposed family court order of February 10, 2023 hearing)(Seguin, Mary) |
| Filing 20 MOTION for Reconsideration of Text Order Granting Extension of Time to Defendants dated March 3, 2023 filed by Mary Seguin. Responses due by 3/17/2023. (Attachments: #1 Exhibit Court Docket Electronic Notice Stating Plaintiff Response to ECF 15 is due on March 14, 2023, #2 Exhibit Family Court Summons and Motion filed by Defendant postmarked February 1, 2023, #3 Exhibit Proposed Family Court Order filled February 16, 2023)(Seguin, Mary) |
| Filing 19 MOTION for Default Judgment as to GERO MEYERSIEK filed by Mary Seguin. Responses due by 3/17/2023. (Attachments: #1 Exhibit Proof of Service of Summons and Complaint, #2 Exhibit Letter notice of petition for default, #3 Affidavit Affidavit in Support of Application for Entry of Default pursuant to Rule 55(a))(Seguin, Mary) |
| Filing 18 APPLICATION for Clerk's Entry of Default filed by Mary Seguin as to Gero Meyersiek. (Attachments: #1 Exhibit Proof of Service of Summons and Complaint, #2 Affidavit Affidavit in support of Request for Entry of Default, #3 Proposed Entry of Default)(Seguin, Mary) |
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TEXT ORDER granting #15 MOTION for an Extension of Time to File Answer to #12 Amended Complaint. Monique Bonin answer due 5/1/2023; Karla Caballeros answer due 5/1/2023; Frank Dibiase answer due 5/1/2023; Timothy Flynn answer due 5/1/2023; Wendy A. Fobert answer due 5/1/2023; Rhode Island Office of Child Support Services answer due 5/1/2023; Kevin Tighe answer due 5/1/2023. So Ordered by District Judge William E. Smith on 3/3/2023. (Urizandi, Nissheneyra)
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| Filing 17 APPLICATION for Clerk's Entry of Default filed by Mary Seguin as to Monique Bonin, Karla Caballeros, Frank Dibiase, Timothy Flynn, Wendy A. Fobert, Rhode Island Office of Child Support Services, Kevin Tighe. (Seguin, Mary) |
| Filing 16 APPLICATION for Clerk's Entry of Default filed by Mary Seguin as to Monique Bonin, Karla Caballeros, Frank Dibiase, Timothy Flynn, Wendy A. Fobert, Rhode Island Office of Child Support Services, Kevin Tighe. (Attachments: #1 Exhibit Proof of Service of Summons and Complaint, #2 Affidavit Affidavit in support of Request for Entry of Default)(Seguin, Mary) |
| Filing 15 MOTION for an Extension of Time to File Answer re #12 Amended Complaint filed by Monique Bonin, Karla Caballeros, Frank Dibiase, Wendy A. Fobert, Rhode Island Office of Child Support Services, Kevin Tighe, Timothy Flynn. Responses due by 3/14/2023. (Attachments: #1 Exhibit A)(Sullivan, Justin) |
| Filing 14 NOTICE by Mary Seguin Notice to Produce Documents (Seguin, Mary) |
| Filing 13 NOTICE by Mary Seguin Notice to Produce Documents (Seguin, Mary) |
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TEXT ORDER denying Plaintiff's #9 Motion to Compel. The motion is premature and may be refiled after the initial pleading stage has concluded and after any motions to dismiss, if filed, are responded to by Plaintiff and resolved. The parties are instructed to request a conference with the Court before filing any discovery motions. Further, as an alternative route to recourse, the Court encourages Plaintiff to directly request the information sought from the Defendants. So Ordered by District Judge William E. Smith on 2/17/2023. (Urizandi, Nissheneyra)
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| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Mary Seguin.(Seguin, Mary) |
| Filing 11 REPLY to Response re #10 Response to Motion to Compel filed by Mary Seguin. (Attachments: #1 Exhibit, #2 Affidavit)(Seguin, Mary) |
| Filing 10 RESPONSE In Opposition to #9 MOTION to Compel filed by Rhode Island Office of Child Support Services. Replies due by 2/21/2023. (Attachments: #1 Exhibit A)(Sullivan, Justin) |
| Filing 9 MOTION to Compel filed by Mary Seguin. Responses due by 2/21/2023. (Attachments: #1 Exhibit, #2 Email from Plaintiff)(Simoncelli, Michael) |
| Filing 8 NOTICE of Appearance by Matthew I. Shaw on behalf of Rhode Island Office of Child Support Services (Shaw, Matthew) |
| Filing 7 NOTICE of Appearance by Justin J. Sullivan on behalf of Rhode Island Office of Child Support Services (Sullivan, Justin) |
| Filing 6 DECLARATION re #1 Complaint, by Mary Seguin. (Attachments: #1 Envelope)(Kenny, Meghan) |
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TEXT ORDER: Plaintiff Mary Seguin having filed a declaration in compliance with the Text Order of January 23, 2023, she is granted leave to proceed based on which the Clerk may issue the requested summonses. So Ordered by Magistrate Judge Patricia A. Sullivan on 1/24/2023. (Simoncelli, Michael)
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| MOTIONS REFERRED: #2 MOTION for Leave to Proceed as Pro Se Electronic Filer referred for determination to Patricia A. Sullivan. (Simoncelli, Michael) |
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TEXT ORDER granting #2 Motion for Leave to Proceed as Pro Se Electronic Filer. So Ordered by Magistrate Judge Patricia A. Sullivan on 1/24/2023. (Simoncelli, Michael)
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| Filing 5 Summons Issued as to All Defendants. (Kenny, Meghan) |
| Filing 4 CASE OPENING NOTICE ISSUED (Kenny, Meghan) |
| Filing 3 Summons Request filed by Mary Seguin. (Kenny, Meghan) |
| Filing 2 MOTION for Leave to Proceed as Pro Se Electronic Filer filed by Mary Seguin. (Kenny, Meghan) |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00 receipt number 14670027427 ), filed by Mary Seguin. (Attachments: #1 Civil Cover Sheet, #2 Letter, #3 Envelope)(Kenny, Meghan) |
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TEXT ORDER: Plaintiff Mary Seguin has filed a complaint naming as Defendants the Rhode Island Office of Child Support Service and six of its staff purportedly sued in their official capacities. Based on a screening performed pursuant to the Order of the Court issued on April 29, 2014 in Sequin v. Textron, 13-cv-12SLM, ECF No. 199 ("Injunction Order"), this filing appears to violate the terms of the Injunction Order, which enjoined Mary Seguin from filing a complaint in the United States District Court for the District of Rhode Island against the Rhode Island Child Support Office, except with leave of court obtained by the filing of a proposed complaint with an affidavit certifying in good faith that the proposed complaint asserts novel claims that (a) have not previously been raised in this court; and (b) do not arise out of matters previously litigated in this court. Based on the foregoing, Plaintiff is hereby ordered either to comply with the Injunction Order by filing the required affidavit stating under oath clearly and succinctly that this new complaint asserts novel claims as required by the Injunction Order or to show cause in writing why the Injunction Order is not applicable. Plaintiff's compliance with this Order is due to be filed or mailed on or before February 3, 2023. In light of this Order directing Plaintiff to file an affidavit in support of her proposed complaint by February 3, 2023, the Clerk is directed to withdraw the summons issued at ECF No. 5. So Ordered by Magistrate Judge Patricia A. Sullivan on 1/23/2023. (Simoncelli, Michael)
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