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15-13987 - Alston v. Town of Brookline et al


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15-13987 - Alston v. Town of Brookline et al
September 2, 2016
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Procedure. I FURTHER RECOMMEND that all claims against Stanley Spiegel be DISMISSED with prejudice." Objections to R&R due by 9/16/2016(Moore, Kellyann)Magistrate Judge M. Page Kelley: ORDER entered. REPORT AND RECOMMENDATIONS re 45 MOTION to Dismiss filed by Stanley Spiegel, 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Re: Amended Complaint filed by Town of Brookline, Board of Selectmen of the Town of Brookline, 52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Local 950, International Association of Firefighters, 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joslin Murphy, Nancy Daly, Neil Wishinsky, Betsy DeWitt, Sandra DeBow, Ken Goldstein, Jesse Mermell Recommendation: " For the reasons stated above, I RECOMMEND that the claims of all plaintiffs except Gerald Alston be SEVERED and DISMISSED, without prejudice. I FURTHER RECOMMEND that Gerald Alston's claims be DISMISSED without prejudice as to all defendants except Stanley Spiegel, and he be GRANTED LEAVE to file a second amended complaint in compliance with the Rules of Civil
September 30, 2016
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Judge George A. OToole, Jr: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS for 72 Report and Recommendations,,,, Action on motion: ; granting 34 Motion to Dismiss for Failure to State a Claim; granting 36 Motion to Dismiss for Failure to State a Claim; granting 45 Motion to Dismiss; granting 52 Motion to Dismiss for Failure to State a Claim; adopting in part Report and Recommendations re 72 Report and Recommendations.(Lyness, Paul)
April 26, 2017
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Judge George A. O'Toole, Jr: ORDER ADOPTING REPORT AND RECOMMENDATION entered granting 80 Motion to Dismiss; adopting Report and Recommendations re 98 Report and Recommendations. (Halley, Taylor)
May 8, 2017
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Magistrate Judge M. Page Kelley: ORDER entered. MEMORANDUM AND ORDER: "The Town defendants' Motion to Strike (#86) is ALLOWED in part and DENIED in part as detailed in this Order. The Town defendants' Alternative Motion for a More Definite Statement (#88) is ALLOWED in part and DENIED in part. Alston shall have ten (10) days to amend the second amended complaint (#78) to the extent necessary to comply with the court's modifications and instructions as stated in this Order; no further or additional amendment is allowed." Please see attached order. (Moore, Kellyann)
June 9, 2017
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Magistrate Judge M. Page Kelley: ORDER entered. REPORT AND RECOMMENDATIONS re 91 MOTION for Sanctions (Renewed) filed by Stanley Spiegel Recommendation: "For the reasons set out above this court RECOMMENDS that, pursuant to Fed. R. Civ. P. 11, Attorney Brooks Ames pay defendant Stanley Spiegel reasonable attorneys' fees and other expenses from the time the District Court allowed the Report and Recommendation on Spiegel's motion to dismiss on September 30, 2016. (#75.)" Objections to R&R due by 6/23/2017(Moore, Kellyann)
August 7, 2017
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Judge George A. O'Toole, Jr: ORDER on Report and Recommendation entered adopting Report and Recommendations re 132 Report and Recommendations. (Halley, Taylor)
February 6, 2018
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Magistrate Judge M. Page Kelley: ORDER entered. REPORT AND RECOMMENDATIONS re 110 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Town of Brookline, Board of Selectmen of the Town of Brookline Recommendation: "For all of the reasons stated, I RECOMMEND that Defendant Town's Partial Motion to Dismiss (#110) be ALLOWED in part and DENIED in part. Specifically, I RECOMMEND that the allegations in paragraphs 67-71, 75-95, 99-114, 11e, Kellyann) (Main Document 188 replaced on 2/6/2018) (Moore, Kellyann).9-126, 131-134, 141, 150 be stricken, and section D of relief requested (asking that Article 3.14 of the Towns bylaws be stricken as unconstitutional) be dismissed from the third amended complaint." Objections to R&R due by 2/20/2018(Moor
February 6, 2018
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Magistrate Judge M. Page Kelley: ORDER entered. REPORT AND RECOMMENDATIONS re 112 MOTION to Dismiss THIRD AMENDED COMPLAINT AND JURY DEMAND filed by Joslin Murphy, Neil Wishinsky, Sandra DeBow, Ken Goldstein, Ben Franco, Nancy Heller, Jesse Mermell, Nancy Daly, Betsy DeWitt, Bernard Greene Recommendation: "For all of the reasons stated, I RECOMMEND that the Individual Defendants' Motion to Dismiss Third Amended Complaint (#112) be DENIED." Objections to R&R due by 2/20/2018(Moore, Kellyann)
March 30, 2018
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Judge George A. OToole, Jr: OPIINION AND ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS for 112 Motion to Dismiss filed by Joslin Murphy, Neil Wishinsky, Sandra DeBow, Ken Goldstein, Ben Franco, Nancy Heller, Jesse Mermell, Nancy Daly, Betsy DeWitt, Bernard Greene, 110 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim filed by Town of Brookline, Board of Selectmen of the Town of Brookline; adopting Report and Recommendations re 188, adopting in part Report and Recommendations 189. Motions terminated: 110 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Town of Brookline, Board of Selectmen of the Town of Brookline, 112 MOTION to Dismiss THIRD AMENDED COMPLAINT AND JURY DEMAND filed by Joslin Murphy, Neil Wishinsky, Sandra DeBow, Ken Goldstein, Ben Franco, Nancy Heller, Jesse Mermell, Nancy Daly, Betsy DeWitt, Bernard Greene.(Lyness, Paul) Modified on 4/2/2018 (Lyness, Paul).
July 5, 2018
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Judge George A. O'Toole, Jr: OPINION AND ORDER entered (Halley, Taylor)