Watson et al v. Perez et al

Filing 22

District Judge Timothy S Hillman: ORDER entered denying without prejudice 14 Motion to Dismiss and denying without prejudice 14 Motion to Stay. (Castles, Martin)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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KARIM WATSON AND KIMBERLY
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CIVIL ACTION
ESPINO,
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NO. 4:15-CV-40014-TSH
Plaintiffs,
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v.
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LUIS PEREZ, IN HIS OFFICIAL
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CAPACITY AS COURT OFFICER FOR
THE MASSACHUSETTS TRIAL COURT )
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AND INDIVIDUALLY, ET AL.,
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Defendants.
______________________________________ )
ORDER ON DEFENDANTS’ MOTION FOR PARTIAL DISMISSAL OF PLAINTIFFS’
COMPLAINT AND FOR A STAY OF PROCEEDING (Docket No. 14)
October 1, 2015
HILLMAN, D.J.
Two motions are pending before this Court. Defendants Luis Perez, Sherri Glenn, Stephen
Donovan, Daniel DiStefano, David Deignan, Timothy O’Leary, and Katherine Mercadante, in
their capacity as Court Officers for the Trial Court of Massachusetts and Individually, respectively,
and Robin Yancey, in her capacity as Regional Director of Security for the Trial Court of
Massachusetts and Individually, and Daniel Bennett, in his capacity as First Assistant District
Attorney for the Worcester County District Attorney’s Office and Individually, move to dismiss
Plaintiffs’ claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. These same
Defendants have also moved to stay any remaining claims following this Court’s action on the
motion to dismiss, until the termination of criminal charges brought against Plaintiffs by the
Commonwealth.
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The above-mentioned Defendants’ motions (Docket No. 14) to dismiss and stay the
proceeding are hereby denied without prejudice to be reasserted after review of Plaintiffs’ First
Amended Complaint.

SO ORDERED.

/s/ Timothy S. Hillman
TIMOTHY S. HILLMAN
DISTRICT JUDGE

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