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15-14170 - Humphrey et al v. Comoletti et al


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15-14170 - Humphrey et al v. Comoletti et al
August 3, 2016
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Judge Allison D. Burroughs: ORDER entered For the reasons set forth in the accompanying Order, Plaintiff's Motion to Amend [ECF No. 31] is ALLOWED IN PART AND DENIED IN PART. Plaintiff's Motion to add a claim under 42 U.S.C. § 1986 is DENIED, but the Motion is otherwise ALLOWED. Plaintiff shall file an Amended Complaint no later than August 16, 2016. As Plaintiff will be filing an Amended Complaint, Defendants' pending Motions to Dismiss the Complaint [ECF Nos. 11, 17, 20] are DENIED AS MOOT, without prejudice to renew. (Montes, Mariliz) (Main Document 35 replaced on 8/3/2016) (Montes, Mariliz).
March 31, 2017
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Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER. "...For the foregoing reasons, Comolettis motion to dismiss [ECF No. 40] is GRANTED with respect to Count VII (MCRA), but DENIED with respect to Count VI (abuse of process). Falandys and Cabrals motion to dismiss [ECF No. 42] is GRANTED as to Counts II (§ 1985(3)) and V (MCRA), but DENIED as to Count I (§ 1983). Count I, except with respect to the loss of consortium claims, also proceeds as against the John Doe Defendants.8 The City of Fall Rivers motion to dismiss [ECF No. 45] is GRANTED as to Count IV (vicarious liability), but DENIED as to Count III (§ 1983 Monell claim). Counts II, IV, V, and VII are hereby DISMISSED. Further, the loss of consortium claims alleged in all counts are also DISMISSED. Finally, the Court concludes that Taneisha Humphrey and J.B. do not have standing to remain in this suit and their claims are hereby dismissed. So Ordered."(Folan, Karen)
April 30, 2018
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Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. To allow Plaintiff a final opportunity to continue litigating this case, the motion for extension of time ECF No. 81 is GRANTED as follows. Plaintiff shall obtain new counsel to represent him in this matter or file a notice to appear pro se by May 21, 2018 and he shall respond to the motion to dismiss by June 4, 2018. A failure to comply with this Order, including the May 21 or June 4 deadlines, will result in the dismissal of Plaintiffs case in its entirety. See Fed. R. Civ. P. 37(b)(2)(A) and Fed. R. Civ. P. 37(d). SO ORDERED.(McDonagh, Christina)
June 5, 2018
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Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Accordingly, Defendants motion [ECF No. 80 ] is GRANTED and Plaintiffs complaint is DISMISSED with prejudice. SO ORDERED. (McDonagh, Christina)