Hastings et al. v. Church Community Housing Corp. Inc., et al.

Plaintiff: Nancy Newbury, Mark Hastings and Marcia Ducharme
Defendant: William Morales, Peter Aser, Christian Belden, John Byrne and Church Community Housing Corporation, Inc.
Case Number: 1:2024cv00085
Filed: February 29, 2024
Court: US District Court for the District of Rhode Island
Presiding Judge: William E Smith
Referring Judge: Patricia A Sullivan
Nature of Suit: Assault Libel & Slander
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 26, 2024 Filing 7 JUDGMENT is entered dismissing this civil action. So Ordered by District Judge William E. Smith on 3/26/2024. (Urizandi, Nissheneyra)
March 26, 2024 TEXT ORDER adopting in full the reasoning and conclusions of Magistrate Judge Sullivan's #5 Report and Recommendation ("R&R") over Plaintiffs' #6 Objections ("Obj."). Judge Sullivan recommends summarily dismissing Plaintiffs' #1 Complaint for lack of subject matter jurisdiction. R&R 4. Plaintiffs do not object to Judge Sullivan's finding that their Complaint fails to invoke the Court's federal question and diversity jurisdiction. Obj. 1-2. Rather, they contend that the Court could exercise supplemental jurisdiction by joining this case's claims with the federal claims that Plaintiffs assert in Newbury v. U.S. Department of Housing and Urban Development, No. 24-cv-84. Id. (citing 28 U.S.C. 1367). To that end, Plaintiffs move for such relief in their #3 Motion for Joinder of Claims for Supplemental Jurisdiction. Plaintiffs' Motion for Joinder does not cure the jurisdictional defects, however. Rule 18 of the Federal Rules of Civil Procedure permits a party to join "as many claims as it has against an opposing party." Fed. R. Civ. P. 18(a). Nonetheless, a party seeking to join claims must first properly assert its initial claims. Nelson v. Allison, No. 3:22-cv-00377-CAB-MDD, 2022 WL 2649091, at *4 n.4 (S.D. Cal. July 8, 2022) ("Once a party properly asserts its first claim, it may use that as a platform to assert any other claimrelated or unrelatedagainst that opposing party." (emphasis added) (quoting 1 S. Gensler, Federal Rules of Civil Procedure, Rules and Commentary, Rule 18, at 479 (2018)); McKnight v. McKnight, No. CV-20-01956-PHX-DWL, 2021 WL 424095, at *2 (D. Ariz. Feb. 8, 2021). Consequently, because Plaintiffs claims in this matter do not invoke the Court's subject matter jurisdiction, Plaintiffs may not seek to join the claims that they assert in No. 24-cv-84. Thus, after careful review of the record and applicable law, the Court ADOPTS the reasoning and recommendations of Judge Sullivan's R&R. The Court notes that this Order does not preclude Plaintiffs from amending their complaint in No. 24-cv-84 to include the claims asserted in this case. Accordingly, Plaintiffs' #1 Complaint is DISMISSED, Plaintiffs [2, 2-1, 2-2] Applications to Proceed Without Prepayment of Fees and Affidavit are DENIED as MOOT, and Plaintiffs' #3 Motion for Joinder of Claims is DENIED as MOOT. So Ordered by District Judge William E. Smith on 3/26/2024. (Urizandi, Nissheneyra)
March 19, 2024 Filing 6 OBJECTION to #5 Report and Recommendations filed by Nancy Newbury. (Attachments: #1 List of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Hill, Cherelle)
March 12, 2024 Filing 5 REPORT AND RECOMMENDATIONS re #2 MOTION for Leave to Proceed in forma pauperis filed by Mark Hastings, Marcia Ducharme, Nancy Newbury, #3 MOTION for Joinder of Claims filed by Mark Hastings, Marcia Ducharme, Nancy Newbury, #1 Complaint, filed by Mark Hastings, Marcia Ducharme, Nancy Newbury Objections to R&R due by 3/26/2024. I recommend that this case be summarily dismissed because the Court lacks subject matter jurisdiction. If this recommendation is adopted, I also recommend that the pending IFP applications and the pending motion for joinder of claims be denied as moot. So Ordered by Magistrate Judge Patricia A. Sullivan on 3/12/2024. (Saucier, Martha)
February 29, 2024 Filing 4 CASE OPENING NOTICE ISSUED (Gonzalez Gomez, Viviana)
February 29, 2024 Filing 3 MOTION for Joinder of Claims filed by Marcia Ducharme, Mark Hastings, Nancy Newbury. Responses due by 3/14/2024. (Gonzalez Gomez, Viviana)
February 29, 2024 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Marcia Ducharme, Mark Hastings, Nancy Newbury. (Attachments: #1 Hastings IFP, #2 Newbury IFP)(Gonzalez Gomez, Viviana)
February 29, 2024 Filing 1 COMPLAINT, filed by Mark Hastings, Nancy Newbury, Marcia Ducharme. (Attachments: #1 Civil Cover Sheet, #2 Summons Request and USM-285 as to Aser, #3 Summons Request and USM-285 as to Belden, #4 Summons Request and USM-285 as to Byrne, #5 Summons Request and USM-285 as to CCHC, #6 Summons Request and USM-285 as to Morales) (Gonzalez Gomez, Viviana)
February 29, 2024 CASE CONDITIONALLY ASSIGNED to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. Related Case Number 24-cv-84-WES-PAS based upon the indication 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. (Gonzalez Gomez, Viviana)
February 29, 2024 MOTIONS REFERRED: #3 MOTION for Joinder of Claims, #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)

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Plaintiff: Nancy Newbury
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Plaintiff: Mark Hastings
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Plaintiff: Marcia Ducharme
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Defendant: William Morales
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Defendant: Peter Aser
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Defendant: Christian Belden
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Defendant: John Byrne
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Defendant: Church Community Housing Corporation, Inc.
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