Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lu v. Menino

United States District Court, D. Massachusetts

March 10, 2015

FRIEDRICH LU, Plaintiff,
v.
THOMAS M. MENINO, et al., Defendants

Ordered Filed March 2, 2015

Page 86

[Copyrighted Material Omitted]

Page 87

[Copyrighted Material Omitted]

Page 88

Friedrich Lu, Plaintiff, Pro se, Boston, MA.

For Thomas M. Menino, Martin J. Walsh, William F. Sinnott, Eugene L. O'Flaherty, Caroline O. Driscoll, David Waterfall, George Hulme, Berthe M. Gaines, Donna M. DePrisco, Angelo M. Scaccia, James Carroll, Karyn M. Wilson, Jeffrey B. Rudman, Zamawa Arenas, A. Raymond Tye, Evelyn Arana-Ortiz, Paul La Camera, Carol Fulp, Byron Rushing, Dennis Lahane, John t. Hailer, Laura DeBonis, Boston School Committee, Trustees of Boston Public Library, Defendants: Nicole M. O'Connor, City Of Boston Law Department, Boston, MA.

For Boston Housing Authority, Defendant: Wilbur E. Commodore, LEAD ATTORNEY, Boston Housing Authority, Legal Department, Boston, MA.

For Boston Public Health Commission, Defendant: Timothy Joseph Harrington, LEAD ATTORNEY, Boston Public Health Commission, Boston, MA.

For John Dunlap, Paul Curran, Amy E Ryan, Defendants: Nicole M. O'Connor, LEAD ATTORNEY, City Of Boston Law Department, Boston, MA.

Page 89

ORDER ON REPORT AND RECOMMENDATION

Leo T. Sorokin, United States District Judge.

After de novo review of the Report and Recommendation issued by Magistrate Judge Bowler on March 2, 2015, Doc. No. 41, in light of the objections filed by the Plaintiff, Doc. No. 47, a correction to those

Page 90

objections, Doc. No. 48, and the Motion to Amend the Complaint filed after the Report and Recommendation, Doc. No. 44, the Court hereby ADOPTS the Report and Recommendation for the reasons stated therein and OVERRULES the objections filed by the Plaintiff. Accordingly, the Court ALLOWS the City Defendants' Motion to Dismiss, Doc. No. 17, the BPHC's Motion to Dismiss, Doc. No. 16, the BHA's Motion to Dismiss, Doc. No. 32, and DENIES the Plaintiff's Motions for Summary Judgment, Doc. Nos. 19, 23, 37, the City Defendants' Motion for Sanctions and Injunctive Relief, Doc. No. 11, and DENIES AS MOOT the City Defendants' First Motion to Dismiss, Doc. No. 8.

The Plaintiff's Motion to Amend the Complaint, Doc. No. 44, is DENIED. The proposed amendments are futile or otherwise precluded by the Court's decision on the Complaint. The Motion for Reconsideration on Service of Process, Doc. No. 42, is DENIED.

The only claim remaining in this case is Count IV against the BHA, as it did not move to dismiss this claim. Count IV purports to assert a common law fraud claim against the BHA. Having dismissed the federal claims in this case and perceiving no discernible independent basis for the exercise of subject matter jurisdiction by the Court over this claim, the Court declines to exercise supplemental jurisdiction over this claim, at this early stage of the case. Accordingly, this claim is DISMISSED WITHOUT PREJUDICE.

The Clerk shall close this case.

SO ORDERED.

Page 90

REPORT AND RECOMMENDATION RE: DEFENDANTS' MOTION TO DISMISS (DOCKET ENTRY # 8); DEFENDANTS' AMENDED MOTION TO DISMISS (DOCKET ENTRY # 17); DEFENDANT BOSTON PUBLIC HEALTH COMMISSION'S MOTION TO DISMISS (DOCKET ENTRY # 16); MOTION TO DISMISS AND IN THE ALTERNATIVE FOR JUDGMENT ON THE PLEADINGS (DOCKET ENTRY # 32); PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOCKET ENTRY # 23); PLAINTIFF'S SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT (DOCKET ENTRY # 19); PLAINTIFF'S THIRD MOTION FOR PARTIAL SUMMARY JUDGMENT (DOCKET ENTRY # 37); DEFENDANTS' MOTION FOR SANCTIONS AND INJUNCTIVE RELIEF (DOCKET ENTRY # 11)

MARIANNE B. BOWLER, United States Magistrate Judge.

Pending before this court is a motion to dismiss filed by defendants Thomas M.

Page 91

Menino (" Mayor Menino" ), Martin J. Walsh (" Mayor Walsh" ), William F. Sinnott (" Sinnott" ), Eugene L. O'Flaherty, Caroline O. Driscoll, David Waterfall, George Hulme, Berthe M. Gaines, Donna M. Deprisco, Angelo M. Scaccia, James Carroll, Karyn M. Wilson, Jeffrey B. Rudman, Zamawa Arenas, A. Raymond Tye, Evelyn Arana-Ortiz, Paul La Camera, Carol Fulp, Byron Rushing, Dennis Lehane, John T. Hailer, Laura Debonis, John Dunlap, Paul Curran and Amy E. Ryan (" the City defendants" ) to dismiss the complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6) (" Rule 12(b)(6)" ). (Docket Entry # 17). The motion duplicates a prior motion to dismiss (Docket Entry # 8) except for the addition of three City defendants inadvertently omitted from the previous motion.

Defendant Boston Housing Authority (" BHA" ) moves to dismiss the complaint under Rule 12(b)(6) or, in the alternative, for summary judgment. (Docket Entry # 32). Defendant Boston Public Health Commission (" BPHC" ) also seeks to dismiss the complaint under Rule 12(b)(6). (Docket Entry # 16).

Plaintiff Frederich Lu (" plaintiff" ), proceeding pro se, opposes the motions (Docket Entry ## 25, 28, 36) and separately moves for partial summary judgment as to liability (Docket Entry ## 20, 23, 37). Because of plaintiff's pro se status, this court considers the arguments he raises in the summary judgment motions, including the extortion argument ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.