Errico v. Rosa et al

Filing 30

Judge Nathaniel M. Gorton: ORDER entered "After consideration of plaintiff's objection thereto (Docket No. 28 ), the Report and Recommendation (Docket No. 27 ) is accepted and adopted, with the following exception..." (Duong, Diep)

Errico v. Rosa et al

Doc. 30

United States District Court District of Massachusetts ________________________________ ) CHRISTOPHER ERRICO, ) Plaintiff, ) ) v. ) Civil Action No. ) 10-10337-NMG DANIEL ROSA, ET AL., ) Defendants. ) ________________________________ ) ORDER After consideration of plaintiff's objection thereto (Docket No. 28), the Report and Recommendation (Docket No. 27) is accepted and adopted, with the following exception: the Court finds that the Wyndham Hotel was properly served with process despite plaintiff's failure to file proof of service with the Office of the Clerk pursuant to Local Rule 5.2 because such failure may (and should) be corrected but does not affect the validity of the service. Thus, as a result, the Report and Recommendation (Docket No. 27) is, 1) 2) with respect to Counts I through V and VII, accepted and adopted; and with respect to Count VI, accepted with respect to all defendants except Wyndham Hotel.

As a consequence, the defendants' motion to dismiss (Docket No. 15) is 1) with respect to Counts I through V and VII, ALLOWED and those claims are DISMISSED; and with respect to Count VI, DENIED with respect to -1-

2)

Dockets.Justia.com

defendants Ross and Connors only; and 3) with respect to the claims against defendant Peterson, DISMISSED for failure to perfect service.

So ordered. /s/ Nathaniel M. Gorton Nathaniel M. Gorton United States District Judge Dated December 3, 2010

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