Hastings et al. v. Church Community Housing Corp. Inc., et al.
| Rhode Island District Court | |
| Judge: | William E Smith |
| Referred: | Patricia A Sullivan |
| Case #: | 1:24-cv-00085 |
| Nature of Suit | 320 Torts - Personal Injury - Assault, Libel, & Slander |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Feb 29, 2024 |
| Terminated: | Mar 26, 2024 |
| Last checked: Tuesday Aug 27, 2024 4:33 AM EDT |
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Defendant
Peter Aser
in his official capacity as Director, HUD Providence Field Office - U.S. Dept. of HUD 380 Westminster St., Suite 547
Providence, RI 02903 |
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Defendant
Christian Belden
Executive Director, Church Community Housing Corporation, Inc. 50 Washington Square
Newport, RI 02842 |
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Defendant
John Byrne
Senior Housing Manager, Phoenix Property Management, Inc. 931 Jefferson Blvd. #3001
Warwick, RI 02886 |
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Defendant
Church Community Housing Corporation, Inc.
50 Washington Square
Newport, RI 02842 |
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Defendant
William Morales
Boston, MA 02222
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Plaintiff
Marcia Ducharme
417 Forest Ave. West House - Apt 120
Middletown, RI 02842 |
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Plaintiff
Mark Hastings
417 Forest Ave. West House - Apt 224
Middletown, RI 02842 |
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Plaintiff
Nancy Newbury
417 Forest Avenue West House - Apt 220
Middletown, RI 02842 |
GPO
Mar 12 2024
REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis filed by Mark Hastings, Marcia Ducharme, Nancy Newbury, 3 MOTION for Joinder of Claims filed by Mark Hastings, Marcia Ducharme, Nancy Newbury, 1 Complaint, filed by Mark Hastings, Marcia Ducharme, Nancy Newbury Objections to R&R due by 3/26/2024. I recommend that this case be summarily dismissed because the Court lacks subject matter jurisdiction. If this recommendation is adopted, I also recommend that the pending IFP applications and the pending motion for joinder of claims be denied as moot. So Ordered by Magistrate Judge Patricia A. Sullivan on 3/12/2024. (Saucier, Martha) |
| Docket last updated: 05/09/2025 11:59 PM EDT |
| Tuesday, March 26, 2024 | ||
| 7 | 7
order
Judgment
Tue 03/26 4:41 PM
JUDGMENT is entered dismissing this civil action. So Ordered by District Judge William E. Smith on 3/26/2024. (Urizandi, Nissheneyra) |
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order
Order on Motion for Leave to Proceed In Forma Pauperis Order on Motion for Joinder Order on Report and Recommendations
Tue 03/26 4:36 PM
TEXT ORDER adopting in full the reasoning and conclusions of Magistrate Judge Sullivan's5 Report and Recommendation ("R&R") over Plaintiffs'6 Objections ("Obj."). Judge Sullivan recommends summarily dismissing Plaintiffs'1 Complaint for lack of subject matter jurisdiction. R&R 4. Plaintiffs do not object to Judge Sullivan's finding that their Complaint fails to invoke the Court's federal question and diversity jurisdiction. Obj. 1-2. Rather, they contend that the Court could exercise supplemental jurisdiction by joining this case's claims with the federal claims that Plaintiffs assert in Newbury v. U.S. Department of Housing and Urban Development , No. 24-cv-84. Id. (citing 28 U.S.C. § 1367). To that end, Plaintiffs move for such relief in their 3 Motion for Joinder of Claims for Supplemental Jurisdiction. Plaintiffs' Motion for Joinder does not cure the jurisdictional defects, however. Rule 18 of the Federal Rules of Civil Procedure permits a party to join "as many claims as it has against an opposing party." Fed. R. Civ. P. 18(a). Nonetheless, a party seeking to join claims must first properly assert its initial claims. Nelson v. Allison , No. 3:22-cv-00377-CAB-MDD, 2022 WL 2649091, at *4 n.4 (S.D. Cal. July 8, 2022) (" Once a party properly asserts its first claim , it may use that as a platform to assert any other claimrelated or unrelatedagainst that opposing party." (emphasis added) (quoting 1 S. Gensler, Federal Rules of Civil Procedure, Rules and Commentary, Rule 18, at 479 (2018)); McKnight v. McKnight , No. CV 20-01956 PHX-DWL, 2021 WL 424095, at *2 (D. Ariz. Feb. 8, 2021). Consequently, because Plaintiffs claims in this matter do not invoke the Court's subject matter jurisdiction, Plaintiffs may not seek to join the claims that they assert in No. 24-cv-84. Thus, after careful review of the record and applicable law, the Court ADOPTS the reasoning and recommendations of Judge Sullivan's R&R. The Court notes that this Order does not preclude Plaintiffs from amending their complaint in No. 24-cv-84 to include the claims asserted in this case. Accordingly, Plaintiffs' 1 Complaint is DISMISSED, Plaintiffs [2, 2-1, 2-2] Applications to Proceed Without Prepayment of Fees and Affidavit are DENIED as MOOT, and Plaintiffs' 3 Motion for Joinder of Claims is DENIED as MOOT. So Ordered by District Judge William E. Smith on 3/26/2024. (Urizandi, Nissheneyra) |
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| Tuesday, March 19, 2024 | ||
| 6 | 6
respoth
Objection to Report and Recommendations
Tue 03/19 10:35 AM
OBJECTION to5 Report and Recommendations filed by Nancy Newbury.(Hill, Cherelle) |
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Att: 1
List of Exhibits,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5
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| Tuesday, March 12, 2024 | ||
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motion
Report and Recommendations
Tue 03/12 8:35 AM
REPORT AND RECOMMENDATIONS re2 MOTION for Leave to Proceed in forma pauperis filed by Mark Hastings, Marcia Ducharme, Nancy Newbury,3 MOTION for Joinder of Claims filed by Mark Hastings, Marcia Ducharme, Nancy Newbury,1 Complaint, filed by Mark Hastings, Marcia Ducharme, Nancy Newbury Objections to R&R due by 3/26/2024 . I recommend that this case be summarily dismissed because the Court lacks subject matter jurisdiction. If this recommendation is adopted, I also recommend that the pending IFP applications and the pending motion for joinder of claims be denied as moot. So Ordered by Magistrate Judge Patricia A. Sullivan on 3/12/2024. (Saucier, Martha) |
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| Thursday, February 29, 2024 | ||
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notice
Case Opening Notice (Form Attached)
Thu 02/29 2:12 PM
CASE OPENING NOTICE ISSUED (Gonzalez Gomez, Viviana) |
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| 3 | 3
motion
Joinder
Thu 02/29 2:08 PM
MOTION for Joinder of Claims filed by Marcia Ducharme, Mark Hastings, Nancy Newbury. Responses due by 3/14/2024. (Gonzalez Gomez, Viviana) |
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motion
Proceed In Forma Pauperis
Thu 02/29 1:57 PM
MOTION for Leave to Proceed in forma pauperis filed by Marcia Ducharme, Mark Hastings, Nancy Newbury.(Gonzalez Gomez, Viviana) |
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Att: 1
Hastings IFP,
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Att: 2
Newbury IFP
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cmp
Complaint
Thu 02/29 1:45 PM
COMPLAINT, filed by Mark Hastings, Nancy Newbury, Marcia Ducharme. (Gonzalez Gomez, Viviana) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons Request and USM-285 as to Aser,
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Att: 3
Summons Request and USM-285 as to Belden,
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Att: 4
Summons Request and USM-285 as to Byrne,
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Att: 5
Summons Request and USM-285 as to CCHC,
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Att: 6
Summons Request and USM-285 as to Morales
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utility
Case Conditionally Assigned
Thu 02/29 2:12 PM
CASE CONDITIONALLY ASSIGNED to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. Related Case Number 24-cv-84-WES-PAS based upon the indication that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Gonzalez Gomez, Viviana) |
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utility
Motions Referred
Thu 02/29 5:04 PM
MOTIONS REFERRED:3 MOTION for Joinder of Claims ,2 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael) |
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