Alston v. Town of Brookline et al
| Massachusetts District Court | |
| Judge: | George A Otoole, Jr |
| Referred: | M Page Kelley |
| Case #: | 1:15-cv-13987 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Dec 01, 2015 |
| Terminated: | Apr 02, 2020 |
| Last checked: Sunday May 29, 2016 4:41 AM EDT |
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Defendant
Board of Selectmen of the Town of Brookline
333 Washington Street
Brookline, MA 02445 |
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Defendant
Nancy Daly
In her Individual and Official Capacities 161 Rawson Road
Brookline, MA 02445 |
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Defendant
Sandra DeBow
In her Individual and Official Capacities 15 Arborview Road
Boston, MA 02130 |
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Defendant
Betsy DeWitt
In her Individual and Official Capacities 94 Upland Road
Brookline, MA 02445 |
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Defendant
Ken Goldstein
In her Individual and Official Capacities 111 Holland Road
Brookline, MA 02445 |
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Defendant
Local 950, International Association of Firefighters
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Defendant
Jesse Mermell
In her Individual and Official Capacities 149 Winthrop Road, #8
Brookline, MA 02445 |
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Defendant
Joslin Murphy
In her Individual and Official Capacities 62 Baker Circle
Brookline, MA 02467 |
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Defendant
Stanley Spiegel
39 Stetson Road
Brookline, MA 02446 |
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Defendant
Town of Brookline
333 Washington Street
Brookline, MA 02445 |
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Defendant
Neil Wishinsky
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Plaintiff
Estifanos Zerai-Misgun
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Plaintiff
Cruz Sanabria
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Plaintiff
Rogelio Rodas
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Plaintiff
Prentice Pilot
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Plaintiff
Demetrius Oviedo
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Plaintiff
Deon Fincher
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Plaintiff
Juana Baez
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Plaintiff
Gerald Alston
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GPO
Sep 02 2016
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 |
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GPO
Sep 30 2016
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) |
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GPO
Apr 26 2017
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) |
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GPO
May 08 2017
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) |
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GPO
Jun 09 2017
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) |
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GPO
Aug 07 2017
Judge George A. O'Toole, Jr: ORDER on Report and Recommendation entered adopting Report and Recommendations re 132 Report and Recommendations. (Halley, Taylor) |
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GPO
Feb 06 2018
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 |
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GPO
Feb 06 2018
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) |
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GPO
Mar 30 2018
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). |
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GPO
Jul 05 2018
Judge George A. O'Toole, Jr: OPINION AND ORDER entered (Halley, Taylor) |
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GPO
Jul 05 2018
Judge George A. O'Toole, Jr: OPINION AND ORDER entered (Halley, Taylor) |
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GPO
Jan 07 2019
Judge George A. OToole, Jr: OPINION AND ORDER entered adopting Report and Recommendations re 204 Report and Recommendations in regard to the Amended Motion for Attorney Fees (dkt. no. 159) filed by defendant Stanley Spiegel. (Lyness, Paul) |
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GPO
Apr 02 2020
Judge George A. O'Toole, Jr: OPINION AND ORDER entered granting 363 Motion for Summary Judgment; granting 365 Motion for Summary Judgment (Halley, Taylor) |
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GPO
Apr 02 2020
Judge George A. O'Toole, Jr: OPINION AND ORDER entered granting 390 Motion for Summary Judgment (Halley, Taylor) |
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GPO
Apr 02 2020
Judge George A. OToole, Jr: OPINION AND ORDER entered. (Lyness, Paul) |
| Docket last updated: 12/26/2024 11:59 PM EST |
| Wednesday, January 19, 2022 | ||
| 469 | 469
order
Settlement Order of Dismissal
Wed 01/19 4:36 PM
Judge George A. OToole, Jr: ORDER entered. SETTLEMENT ORDER OF DISMISSAL. (Geraldino-Karasek, Clarilde) |
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