Jacobs v. John Doe et al
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:14-cv-14766 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Dec 24, 2014 |
| Terminated: | Jun 23, 2017 |
| Last checked: Wednesday Mar 16, 2016 7:43 AM EDT |
|
Defendant
James Clapper
|
|
|
Defendant
John Doe
|
|
|
Plaintiff
Lisa Jacobs
20 Colchester Rd. P.O. Box 488
Weston, MA 02493 |
|
| TERMINATED PARTIES | |
|
Defendant
Lt. Gen. Keith Alexander
Terminated: 03/14/2016
|
|
|
Defendant
President Obama Barack
Terminated: 03/14/2016
|
|
|
Defendant
Ashton Carter
Terminated: 03/14/2016
|
|
|
Defendant
James Comey
Terminated: 03/14/2016
|
|
|
Defendant
Attorney General Eric Holder
Terminated: 03/14/2016
U.S. D.O.J. Civil Division 950 Pennsylvania Ave. N.W.
Washington DC, DC 20530 |
|
|
Defendant
Jane Doe et al.,
Terminated: 03/14/2016
|
|
|
Defendant
Vince Lisi
Terminated: 03/14/2016
|
|
|
Defendant
US Attorney Carmen Ortiz
Terminated: 03/14/2016
The United States Attorney's Office John Joseph Moakley Courthouse 1 Courthouse Way, Suite 9200
Boston, MA 02210 |
|
| Docket last updated: 07/21/2023 11:59 PM EDT |
| Friday, June 23, 2017 | ||
| 18 | 18
order
Order Dismissing Case
Fri 06/23 11:49 AM
Judge Allison D. Burroughs: ORDER entered. ORDER DISMISSING CASE(Montes, Mariliz) |
|
| 17 | 17
order
Order
Fri 06/23 11:45 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Because Plaintiff failed to properly effect service under Federal Rule of Civil Procedure 4, the case is DISMISSED without prejudice . Plaintiff filed her complaint on December 24, 2014. On May 17, 2016, upon Plaintiff's motion to extend time to serve the complaint because she could not find the summons, the Court reissued the summons and advised Plaintiff that "notwithstanding the fact that she can seek service of process by the Marshals, she is solely responsible for ensuring that service of process is made in a proper and timely fashion, and failing to do so may result in the dismissal of this action." [ECF No. 11]. The Court also ordered Plaintiff to file a certificate of service within 60 days of the electronic order (thus, by July 18, 2016). The summons was returned executed on June 23, 2016, and indicates that Plaintiff asked US Marshals to serve the Defendant at "James R. Clapper Director of National Intelligence Office of Director of National Intelligence, Washington D.C. 20311." [ECF No. 13]. The proof of service shows that service was made on "James Clapper" at "1500 Tysons McClean Drive" on June 8, 2016. Id. Under Fed. R. Civ. P 4(i)(2), to sue a United States employee in his official capacity, "a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee." "To serve the United States, a party must: (A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought--or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk--or (ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney's office; (B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and (C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer." The proof of service indicates, however, that Plaintiff failed to serve the Attorney General or the United States Attorney for the District of Massachusetts. Plaintiff contends that she has concussions stemming from accidents on November 11, 2016 and December 9, 2016, but she has not explained why she did not serve the Attorney General or the U.S. Attorney for the District of Massachusetts before then. Upon reissuance of the summons, Plaintiff was provided with notice of these rules and the relevant addresses. See [ECF No. 12-2]. Plaintiff nonetheless failed to deliver the summons and complaint as specified under the applicable rule and within the extended time permitted by the Court. Moreover, if Plaintiff intended to sue Defendant in his individual capacity, she has also failed to properly serve him pursuant to Fed. R. Civ. P. 4(i)(3) for the same reasons. Accordingly, the case is dismissed for failure to effect service of process pursuant to Fed. R. Civ. P. 4 and failure to prosecute. (Montes, Mariliz) |
|
| Wednesday, May 24, 2017 | ||
| 16 | 16
motion
Compel
Wed 05/24 4:34 PM
MOTION to Compel Production of Recording of my 5/7/2011 911 Call by Lisa Jacobs.(Montes, Mariliz) (Exhibit 2 is a CD containing audio, available at the Clerk's Office. ) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Exhibit 3,
|
||
|
Att: 3
Exhibit 4,
|
||
|
Att: 4
Exhibit 5
|
||
| 15 | 15
misc
Response to Court Order
Wed 05/24 4:28 PM
RESPONSE TO 14 Order to Show Cause, by Lisa Jacobs.(Montes, Mariliz) |
|
|
Att: 1
Exhibit 1 Affidavit of Brian Minsk,
|
||
|
Att: 2
Exhibit 2,
|
||
|
Att: 3
Exhibit 3,
|
||
|
Att: 4
Exhibit 4 Affidavit of Lisa Jacobs,
|
||
|
Att: 5
Exhibit 5 Affidavit of Sharda Mukunda,
|
||
|
Att: 6
Exhibit 6
|
||
| Tuesday, May 02, 2017 | ||
| 14 | 14
order
Order To Show Cause
Tue 05/02 12:56 PM
Judge Allison D. Burroughs: ORDER entered. ORDER TO SHOW CAUSEPlaintiff is ordered to show cause, by no later than May 24, 2017 , why this case should not be dismissed for failure to prosecute. If Plaintiff fails to respond by the required date, the case may be dismissed without prejudice pursuant to Local Rule 41.1. A copy of this Order has also been mailed to the Plaintiff. (Show Cause Response due by 5/24/2017.)(Montes, Mariliz) |
|
| Thursday, June 23, 2016 | ||
| 13 | 13
service
Summons Returned Executed
Thu 06/23 12:21 PM
SUMMONS Returned Executed James Clapper served on 6/8/2016, FILED. (Flaherty, Elaine) |
|
| Tuesday, May 17, 2016 | ||
| 12 | 12
service
Summons Reissued
Tue 05/17 1:15 PM
Summons Reissued as to James Clapper. Mailed to plaintiff with notice on service by US Marshals and instructions for service on United States officials and employees. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service.(PSSA, 4) |
|
|
Att: 1
notice for service by Marshals,
|
||
|
Att: 2
instructions for service
|
||
| 11 | 11
order
Order on Motion for Extension of Time
Tue 05/17 1:11 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting10 Motion for Extension of Time. The Clerk is directed to reissue a summons for Defendant James Clapper and Plaintiff is directed to serve the Summons and Complaint and file with the Court a Certificate of Service within 60 days of the date of this Electronic Order. In light of the Plaintiff's in forma pauperis status, she may ask the United States Marshals Service to complete service. Plaintiff is advised that, notwithstanding the fact that she can seek service of process by the Marshals, she is solely responsible for ensuring that service of process is made in a proper and timely fashion, and failing to do so may result in a dismissal of this action. The Court does not anticipate granting any further extensions. The Clerk mailed a copy of this Electronic Order to plaintiff at the address listed on the docket.(PSSA, 4) |
|
| Monday, May 16, 2016 | ||
| 10 | 10
motion
Extension of Time
Tue 05/17 12:10 PM
MOTION for Extension of Time to extend time to make service by Lisa Jacobs, FILED.(Flaherty, Elaine) |
|
|
Att: 1
Affidavit,
|
||
|
Att: 2
Exhibit
|
||
| Monday, May 09, 2016 | ||
| 9 | 9
misc
Letter/request - non-motion
Tue 05/10 11:18 AM
Letter/request (non-motion) from L. Jacobs requesting copy of complaint, FILED. Copy of complaint mailed on 5/10/16. (Flaherty, Elaine) |
|
| Monday, March 14, 2016 | ||
| 8 | 8
service
Summons Issued
Mon 03/14 12:26 PM
Summons Issued as to James Clapper. Summons mailed to plaintiff with notice for service by United States Marshals Service, instructions for service on United States employees, USM-285 forms, and courtesy copy of the complaint. Plaintiff may download the USM-285 forms from the United States Marshals Website http://www.usmarshals.gov/process/(PSSA, 4) |
|
|
Att: 1
notice for service by USMS,
|
||
|
Att: 2
instructions for service on US employees
|
||
| 7 | 7
order
Order on Sealed Motion Order on Motion for Leave to Proceed In Forma Pauperis
Mon 03/14 12:18 PM
Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered granting 3 Motion for Leave to Proceed in forma pauperis; denying 2 Plaintiff's motion to file under seal. Plaintiff may, however, file a Motion for Leave to File a redacted Complaint, no later than 4/1/2016, which shall explain which portions of her Complaint contain highly confidential or sensitive personal information, and proposing redactions thereto. All counts of Plaintiffs Complaint, with the exception of Count 26, are hereby DISMISSED pursuant to 28 U.S.C. � 1915(e)(2)(B). Count 26 of Plaintiffs Complaint withstands scrutiny under 28 U.S.C. � 1915(e), to the extent Plaintiff alleges that the Mass-Call Tracking program exceeded the scope of authorization under the USA PATRIOT Act and violated her First and Fourth Amendment rights. The Clerk is directed to issue a summons to Defendant James Clapper and Plaintiff is responsible for serving the summons, complaint, and a copy of this Order on Defendant James Clapper. Service must be completed within 90 days of the date the summons is issued. The Clerk mailed a copy of this M&O to Plaintiff at the Weston P.O. Box listed on the docket. (PSSA, 4) |
|
| Wednesday, February 11, 2015 | ||
| 5 | 5 ELECTRONIC NOTICE of Reassignment. Judge Allison D. Burroughs added. Judge Douglas P. Woodlock no longer assigned to case. (Abaid, Kimberly) | |
| Tuesday, January 06, 2015 | ||
| 4 | 4 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Abaid, Kimberly) | |