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13-1324 - Flemming v. Moulton et al


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13-1324 - Flemming v. Moulton et al
July 27, 2015
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED that 20 MOTION to Dismiss for Lack of Personal Jurisdiction be DENIED. ORDERED, if the above recommendation is accepted, the Clerk of the Court should be directed to reissue Summonses for Defendants Moulton, Willet, Finazzo, Boyea, and Welch, and provide them to Plaintiff so that he may serve Defendants Moulton, Willet, Finazzo, Boyea, and Welch in accordance with Rule 4 of the Federal Rules of Civil Procedure. Based upon the Courts review of this matter, we find good cause exists to extend Plaintiff's time to serve the Defendants. Should the above recommendation be accepted, a new deadline for service should be set. ORDERED, that the Clerk terminate Defendant Wentzel from this action and reinstate Defendant Welch to this action. Objections to R&R due by 8/13/2015 Case Review Deadline 8/17/2015. Signed by Magistrate Judge Randolph F. Treece on 7/27/15. {r&r served certified mail/return receipt on plaintiff}(nas)
September 1, 2015
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ORDER: ORDERS that 25 Magistrate Judge Treece's July 27, 2015 Report-Recommendation and Order is ADOPTED in its entirety for the reasons set forth therein. ORDERS that 20 Defendants' motion to dismiss is DENIED. ORDERS that the Clerk of the Court shall reissue Summonses for Defendants Moulton, Willett, Finazzo, Boyea, and Welch, and provide them to Plaintiff so that he may serve Defendants Moulton, Willett, Finazzo, Boyea, and Welch in accordance with Rule 4 of the Federal Rules of Civil Procedure. ORDERS that Plaintiff shall have forty-five (45) days from the date of this Order to serve Defendants. Signed by U.S. District Judge Mae A. D'Agostino on 9/1/15. {order served certified mail/return receipt on plaintiff}(nas)
May 5, 2016
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REPORT AND RECOMMENDATION: RECOMMENDED, that Defendants' Motion to Dismiss (Dkt. No. 32) on the ground of collateral estoppel be GRANTED and that Plaintiff's Complaint (Dkt. No. 1) be DISMISSED; alternatively, it is further RECOMMENDED, that Defendants' Motion to Dismiss (Dkt. No. 32) on the ground of improper service under Rule 12(b)(5) of the Federal Rules of Civil Procedure be DENIED. If this recommendation is accepted, a new deadline for service should be set. If Plaintiff elects to have the U.S. Marshal effect service on his behalf, Plaintiff must (1) pay the service fee due to the U.S. Marshal in full in advance by money order or certified check and (2) provide the U.S. Marshal with all necessary papers for service, including completed U.S. Marshal Forms (USM-285 Form), Summonses, and copies of the Complaint. Objections to R&R due by 5/23/2016 Case Review Deadline 5/26/2016. Signed by Magistrate Judge Daniel J. Stewart on 5/5/16. {r&r served via certified mail on plaintiff}(nas)
July 11, 2016
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ORDER: ORDERS that Magistrate Judge Stewart's Report-Recommendation and Order (Dkt. No. [38) is ADOPTED in its entirety for reasons set forth therein. ORDERS that Defendants' Motion to Dismiss (Dkt. No. 32) is GRANTED and Plaintiff's Complaint is DISMISSED. ORDERS that the Clerk of the Court shall enter judgment in Defendants' favor and close this case. Signed by U.S. District Judge Mae A. D'Agostino on 7/11/16.{order served via regular and via certified mail on plaintiff} (nas, )