Beaulieu et al v. City of Lawrence et al

Filing 84

Judge Richard G. Stearns: ORDER entered granting 82 Motion for Clarification ; granting 82 Motion for Reconsideration (Zierk, Marsha)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 09-CV-11782-RGS
DAVID BEAULIEU, LISA BEAULIEU,
MARIO BEAULIEU, SR., and
TANYA WARREN
v.
CITY OF LAWRENCE, et al.
ORDER ON PLAINTIFFS’ MOTION TO RECONSIDER
DISMISSAL OF CHIEF JOHN ROMERO
June 8, 2011
STEARNS, D.J.
In its Order of May 17, 2011, the court entered a dismissal of all claims against
Chief Romero in his individual capacity believing from a vaguely worded “stipulation”
that such was the intent of the parties. It is clear, however, from plaintiffs’ motion to
reconsider and Chief Romero’s opposition that there never was a stipulation between
the parties or a meeting of the minds on the issue. The court will therefore ALLOW
the motion to reconsider. Plaintiffs will, however, on or before June 16, 2011, SHOW
CAUSE why a dismissal as to Chief Romero should not enter (without prejudice to any
potential Monell claim) for the reasons the court stated in entering the dismissal in
Alicea v. Wilcox, 09-CV-12231 (Memorandum and Order of May 8, 2011). At this
point, the court sees no material differences in the allegations (or insufficiencies

thereof) of the two Complaints. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 559
(2007).
SO ORDERED.
/s/ Richard G. Stearns
________________________________
UNITED STATES DISTRICT JUDGE

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