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14-12594 - Holloman v.Clarke et al


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14-12594 - Holloman v.Clarke et al
April 15, 2015
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Judge Douglas P. Woodlock: ORDER entered. MEMORANDUM AND ORDER. The clerk shall issue summonses with respect to defendants Gill, Ferrarra, Maine, Mendonsa, Spencer, ODell, Gelb, Ladouceur, Owens, Fedel, Diagneault. The claims against defendants Deakin, Clarke, Bender, Russo, Brodbeck, Maenpaa, Thornton, Berdard, Williams, Fasoli, Tocci, Palodian, MacDonald, Rodrigues and Wendover shall be dismissed in 42 days of the date of this Memorandum and Order unless Holloman demonstrates good cause, in writing, why his claims against these remaining defendants should not be dismissed. The clerk shall send the summonses, Complaint, and this Memorandum and Order to the plaintiff, who must thereafter serve the defendants in accordance with Federal Rule of Civil Procedure 4(m). The plaintiff may elect to have service made by the United States Marshal Service. (PSSA, 4)
October 1, 2015
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Judge Nathaniel M. Gorton: MEMORANDUM AND ORDER entered denying 36 Motion for Subpoena; granting 47 Motion for Extension of Time and plaintiff's show cause reply is due on or before October 9, 2015; and granting 46 Motion to Stay to the extent that defendants counsel has until October 30, 2015, to file a responsive pleading on behalf of all defendants he represents, regardless of what plaintiff may, or may not, file. The clerk mailed a copy of the Memorandum and Order to plaintiff. (PSSA, 4)
January 15, 2016
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Judge Nathaniel M. Gorton: MEMORANDUM AND ORDER entered: Defendants' Motion to Dismiss For Lack of Service (Docket No. 48), filed by defendants Mendosa, Spencer, ODell, Ladouceur and Fedel, is DENIED. RE: Service of Process Re: Defendants Mendosa, Spencer, ODell, Ladouceur, and Fedel: Within 14 days of the date of this Memorandum and Order, Attorney Glazer shall advise the Court in writing whether he will accept or waive service on behalf of defendants Mendosa, Spencer, ODell, Ladouceur, and Fedel. If he does not agree to do so, he shall provide, only to the United States Marshal Service, the names and addresses of the defendants or any agent authorized to accept service on their behalf. This information shall not be docketed in this case or provided to the plaintiff. Upon compliance, Attorney Glazer shall submit a "Notice of Compliance" to be docketed in this action. If Attorney Glazer is unable to provide service information as directed, he shall so advise in the Notice of Compliance.Upon receipt of the Notice of Compliance (indicating whether or not service information was supplied as to Mendosa, Spencer, ODell, Ladouceur, and/or Fedel), the Clerk shall re-issue summonses and provide them to the United States Marshal Service with a copy of the Complaint. Upon receipt of the service information, the United States Marshal Service shall effect service and advance the costs of service. Any return of service shall be filed under seal. RE: Service of Process Re Defendants: Deakin, Clarke, Bender, Russo, Brodbeck, Maenpaa, MacDonald, Fasoli, Rodrigues, Bedard, Thornton and Williams: The Court will permit the claims against defendants Deakin, Clarke, Bender, Russo, Brodbeck, Maenpaa, MacDonald, Fasoli, Rodrigues, Bedard, Thornton and Williams to proceed. Within 14 days of the date of this Memorandum and Order, Attorney Glazer shall advise the Court in writing whether he will accept or waive service on behalf of the defendants. With respect to any defendant for whom service of process has not been accepted or waived, the clerk shall issue summonses and send plaintiff the summonses, a copy of the Complaint, this Memorandum and Order, and the standard forms and instructions for the plaintiff to arrange for service.Upon receipt of the service information, the United States Marshal Service shall effect service and advance the costs of service.Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 120 days from the date of this Memorandum and Order to complete service.Defendants' Motion to Dismiss for Failure to State a Claim (Docket No. 52) filed by defendants Daigneault, Ferrara, Gelb, Gill, Maine and Owens, is RESERVED pending receipt and review of plaintiffs Opposition, due February 26, 2015. Defendants' reply is due 14 days thereafter. Plaintiff's claims in connection with interference with legal mail/denial of access to the courts against defendants Palodian, Tocci and Wendover are DISMISSED sua sponte for failure of plaintiff to demonstrate good cause why the claims should not be dismissed and for the substantive reasons set forth in the Memorandum and Order (Docket No. 15) and this Memorandum and Order. Defendants Palodian, Tocci and Wendover shall be terminated as parties on the docket. (PSSA, 1)
June 30, 2016
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered "Motion DENIED without prejudice" 113 Motion to Substitute Party. (Caruso, Stephanie)
September 22, 2016
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER, granting in part and denying in part 52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ferrara, Amy Owens, Jeffrey P. Daigneault, Aaron Gill, Bruce Gelb, Frank Maine.(Lima, Christine)
February 23, 2017
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t District Attorney, In his Official and individual capacities ) terminated.(Caruso, Stephanie)Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDERIn accordance with the foregoing, the motion by defendant David Deakin to dismiss (Docket No. 106) is ALLOWED.So ordered.David Deakin (Suffolk County Assistan
February 28, 2017
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDER.For the foregoing reasons,1) plaintiffs motion for a subpoena duces tecum to be served on Fiona Digiandomenico (Docket No. 123) is DENIED and2) defendants motion to strike (Docket No. 124) is ALLOWED.So ordered.(Caruso, Stephanie)
March 23, 2017
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDERFor the foregoing reasons,1) defendants joint motion to strike affidavits attached in support of plaintiffs opposition to defendants motion to dismiss (Docket No. 133) is ALLOWED and2) defendants joint motion to dismiss (Docket No. 100) is ALLOWED. So ordered.(Caruso, Stephanie)