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13-11114 - Patino et al v. Callahan et al


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13-11114 - Patino et al v. Callahan et al
January 16, 2014
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GRANTED as to Counts Five and Six. (See attached order for further details) (Cicolini, Pietro)Judge F. Dennis Saylor, IV: ORDER entered. (1) The period for service of process for defendants Callahan and Duca is extended until 60 days from the date of this Order. (2) Within 21 days of the date of this Order, either (a) defendants Callahan and Duca shall submit, ex parte and under seal, their home addresses to the Court or (b) counsel for those defendants shall agree to accept service for them by providing appropriate notice to counsel for plaintiffs. (3) Upon the submission by counsel of defendants home addresses or provision of notice that counsel will accept service for defendants, the Clerk shall reissue summons as to each and shall arrange for service by the United States Marshal who shall file a return receipt of service without disclosing the addresses. The Clerk shall provide a copy of this Order to the Marshal, and shall otherwise communicate directly with the Marshal to ensure that defendants' addresses are not publicly disclosed. (4) The 12 motion to dismiss of defendants Callahan and Duca is DENIED. (5) The 23 motion to dismiss of defendant Massachusetts State Police is GRANTED. (6) The 27 motion to dismiss of defendant City of Revere is GRANTED. (7) The 20 motion to dismiss of defendant McCarthy is
February 1, 2016
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Magistrate Judge Donald L. Cabell: ORDER entered. REPORT AND RECOMMENDATION re 100 MOTION for Summary Judgment filed by Paul McCarthy. Recommendation: that defendant's motion for summary judgment be GRANTED with respect to Counts One, Two and Seven, as well as those portions of Counts Three, Four and Eight that are based upon conduct that occurred before the plaintiff was placed in handcuffs. It is recommended that the motion be DENIED with respect to those portions of Counts Three, Four and Eight that are based upon the alleged use of excessive force after the plaintiff was handcuffed. Objections to R&R due by 2/15/2016. (Russo, Noreen)
March 8, 2016
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District Judge Leo T. Sorokin: ELECTRONIC ORDER entered The Court has undertaken de novo review of Magistrate Judge Cabell's Report and Recommendation 123 and considered both the objections of the Plaintiffs (#128) and the Defendant 129. The Court ADOPTS the Report and Recommendation. Defendant's Motion for Summary Judgment 100 is ALLOWED in all respects EXCEPT as to Counts 3, 4, and 8. The Motion is DENIED as to these three Counts. The parties shall file a Joint Status Report within ten (10) days advising (a) whether all parties wish to go to the Court's mediation program prior to trial; and (b) whether all parties consent to the exercise of jurisdiction by the magistrate judge. (Montes, Mariliz) Modified on 3/8/2016 (Russo, Noreen).