Case: Tassinari v. Salvation Army National Corporation

1:21-cv-10806 | U.S. District Court for the District of Massachusetts

Filed Date: May 14, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 14, 2021, plaintiffs filed this class action suit against the Salvation Army National Corporation for discriminating against individuals with disabilities who use doctor-prescribed medication-assisted treatment (MAT). The plaintiffs have a history of Opioid Use Disorder (OUD) and have used MAT as part of their treatment regime. MAT, which the plaintiffs stated is the medically-recognized standard of care for treating OUD, combines therapeutic interventions with a doctor’s prescription fo…

On May 14, 2021, plaintiffs filed this class action suit against the Salvation Army National Corporation for discriminating against individuals with disabilities who use doctor-prescribed medication-assisted treatment (MAT). The plaintiffs have a history of Opioid Use Disorder (OUD) and have used MAT as part of their treatment regime. MAT, which the plaintiffs stated is the medically-recognized standard of care for treating OUD, combines therapeutic interventions with a doctor’s prescription for medications like methadone to help people with OUD overcome their cravings and symptoms of withdrawal. The United States Food and Drug administration has approved the use of drugs like methadone for treating opioid dependence.

The plaintiffs alleged that, beginning in April 2018, the Salvation Army instituted a nationwide policy barring individuals who use MAT from enrolling in its Adult Rehabilitation Centers and Programs (ARCs). Two named plaintiffs were expelled from participating in a Salvation Army ARC after the organization discovered they were prescribed MAT. A third plaintiff left the program early after experiencing intense withdrawal symptoms due to being denied access to MAT. A fourth plaintiff continued taking prescribed medication without detection by Salvation Army and completed the ARC program.

ARCs provide housing and basic living necessities to individuals with substance abuse disorders for a period of six months. Participants are required to live on site, maintain their sobriety, attend church, and work full-time for Salvation Army thrift stores without pay. The Salvation Army owns and operates over a hundred ARCs throughout the US, and subordinate territories of the Salvation Army also operate multiple ARCS. The Salvation Army actively solicits courts, jails, probation departments, and other state and local agencies to send individuals with substance abuse disorders to ARCs for treatment, and, for some individuals, an ARC is their only option for rehabilitative treatment.

In their first complaint, Plaintiffs alleged that Defendants violated the Americans with Disabilities Act and the Rehabilitation Act and sought damages and injunctive relief on behalf of themselves and similarly situated class members. The case was assigned to District Judge Leo T. Sorokin. On August 2, 2021, Defendants filed motions to dismiss. On August 23, 2021, Plaintiffs filed an amended class action complaint. In the amended complaint, Plaintiffs added a third count alleging that the Salvation Army violated the Fair Housing Act by expelling and denying housing to individuals with OUD for using MAT.

After Plaintiffs amended their complaint, on September 1, 2021, Judge Sorokin issued an order terminating Defendants' previous Motions to Dismiss as moot. On September 21, 2021, Defendants filed renewed motions to dismiss.

The case is ongoing.

Summary Authors

Gabrielle Simeck (9/19/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59909621/parties/tassinari-v-the-salvation-army-national-corporation/


Judge(s)

Sorokin, Leo Theodore (Massachusetts)

Attorneys(s) for Plaintiff

Bansal, Lucy Brierly (District of Columbia)

Elga, Benjamin (New York)

Herold, Janet M (New York)

Lafferty, Martha M. (Tennessee)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Gies, Thomas P (District of Columbia)

Hawes, Christine B (District of Columbia)

Hensley, Kevin M (Massachusetts)

Judge(s)

Sorokin, Leo Theodore (Massachusetts)

Attorneys(s) for Plaintiff

Bansal, Lucy Brierly (District of Columbia)

Elga, Benjamin (New York)

Herold, Janet M (New York)

Lafferty, Martha M. (Tennessee)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Gies, Thomas P (District of Columbia)

Hawes, Christine B (District of Columbia)

Hensley, Kevin M (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

Tassinari v. The Salvation Army National Corporation

Sept. 19, 2021 Docket
30

First Amended Class Action Complaint

Aug. 23, 2021 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59909621/tassinari-v-the-salvation-army-national-corporation/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT (Class Action) against All Defendants Filing fee: $ 402, receipt number 0101-8775796 (Fee Status: Filing Fee paid), filed by Mark Tassinari. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Civil Category Sheet)(Elga, Benjamin) (Entered: 05/14/2021)

May 14, 2021 RECAP
2

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 M. Page Kelley. (Finn, Mary) (Entered: 05/17/2021)

May 17, 2021 PACER
3

Summons Issued as to All Defendants. 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. (Currie, Haley) (Entered: 05/17/2021)

May 17, 2021 PACER

Notice of Case Assignment

May 17, 2021 PACER
4

MOTION for Leave to Appear Pro Hac Vice for admission of Lucy B. Bansal Filing fee: $ 100, receipt number 0101-8783322 by Mark Tassinari. (Attachments: # 1 Affidavit)(Elga, Benjamin) (Entered: 05/19/2021)

May 19, 2021 PACER
5

Set Deadlines: Proof Service due by 8/16/2021. (Simeone, Maria) (Entered: 05/20/2021)

May 20, 2021 PACER
6

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice. Added Lucy B. Bansal. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) (Entered: 05/20/2021)

May 20, 2021 PACER

Order on Motion for Leave to Appear

May 20, 2021 PACER
7

MOTION for Leave to Appear Pro Hac Vice for admission of Martha M. Lafferty Filing fee: $ 100, receipt number 0101-8834409 by Mark Tassinari. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit)(Elga, Benjamin) (Entered: 06/25/2021)

June 25, 2021 PACER
8

MOTION for Leave to Appear Pro Hac Vice for admission of Amy F. Robertson Filing fee: $ 100, receipt number 0101-8834424 by Mark Tassinari. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit)(Elga, Benjamin) (Entered: 06/25/2021)

June 25, 2021 PACER
9

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice. Added Martha M. Lafferty. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) Modified on 6/28/2021 to regenerate NEF with corrected attorney name (Pacho, Arnold). (Entered: 06/28/2021)

June 28, 2021 PACER
10

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice. Added Amy F. Robertson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) (Entered: 06/28/2021)

June 28, 2021 PACER

Order on Motion for Leave to Appear

June 28, 2021 PACER
11

WAIVER OF SERVICE Returned Executed by Mark Tassinari. The Salvation Army National Corporation waiver sent on 6/1/2021, answer due 8/2/2021. (Elga, Benjamin) (Entered: 07/02/2021)

July 2, 2021 RECAP
12

WAIVER OF SERVICE Returned Executed by Mark Tassinari. The Salvation Army (Eastern Territory) waiver sent on 6/1/2021, answer due 8/2/2021. (Elga, Benjamin) (Entered: 07/02/2021)

July 2, 2021 RECAP
13

WAIVER OF SERVICE Returned Executed by Mark Tassinari. The Salvation Army (Western Territory) waiver sent on 6/1/2021, answer due 8/2/2021. (Elga, Benjamin) (Entered: 07/02/2021)

July 2, 2021 RECAP
14

WAIVER OF SERVICE Returned Executed by Mark Tassinari. The Salvation Army (Southern Territory) waiver sent on 6/1/2021, answer due 8/2/2021. (Elga, Benjamin) (Entered: 07/02/2021)

July 2, 2021 RECAP
15

WAIVER OF SERVICE Returned Executed by Mark Tassinari. The Salvation Army (Central Territory) waiver sent on 6/1/2021, answer due 8/2/2021. (Elga, Benjamin) (Entered: 07/02/2021)

July 2, 2021 RECAP
16

NOTICE of Appearance by Kevin M. Hensley on behalf of The Salvation Army (Central Territory), The Salvation Army (Eastern Territory), The Salvation Army (Southern Territory), The Salvation Army (Western Territory), The Salvation Army National Corporation (Hensley, Kevin) (Entered: 08/02/2021)

Aug. 2, 2021 RECAP
17

MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) by The Salvation Army (Eastern Territory).(Hensley, Kevin) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
18

MEMORANDUM in Support re 17 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) filed by The Salvation Army (Eastern Territory). (Attachments: # 1 Affidavit Declaration of Lt. Col. Dennis Gensler)(Hensley, Kevin) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
19

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by The Salvation Army (Eastern Territory).(Hensley, Kevin) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
20

MEMORANDUM in Support re 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by The Salvation Army (Eastern Territory). (Hensley, Kevin) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
21

MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(2) by The Salvation Army (Central Territory), The Salvation Army (Southern Territory), The Salvation Army (Western Territory), The Salvation Army National Corporation.(Hensley, Kevin) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
22

MEMORANDUM in Support re 21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(2) filed by The Salvation Army (Central Territory), The Salvation Army (Southern Territory), The Salvation Army (Western Territory), The Salvation Army National Corporation. (Attachments: # 1 Affidavit Declaration of Col. Kenneth O. Johnson, Jr., # 2 Affidavit Declaration of Captain Leon Ferraez, # 3 Affidavit Declaration of Col. Steven M. Howard, # 4 Affidavit Declaration of Terry Hughes)(Hensley, Kevin) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
23

MOTION for Leave to Appear Pro Hac Vice for admission of Thomas Peter Gies Filing fee: $ 100, receipt number 0101-8884058 by The Salvation Army (Central Territory), The Salvation Army (Eastern Territory), The Salvation Army (Southern Territory), The Salvation Army (Western Territory), The Salvation Army National Corporation. (Attachments: # 1 Affidavit Certification of Counsel - LR 85.5.3)(Hensley, Kevin) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
24

MOTION for Leave to Appear Pro Hac Vice for admission of Christine B. Hawes Filing fee: $ 100, receipt number 0101-8884067 by The Salvation Army (Central Territory), The Salvation Army (Eastern Territory), The Salvation Army (Southern Territory), The Salvation Army (Western Territory), The Salvation Army National Corporation. (Attachments: # 1 Affidavit Certification of Counsel - LR 85.5.3)(Hensley, Kevin) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
25

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 23 Motion for Leave to Appear Pro Hac Vice. Added Thomas P. Gies. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) (Entered: 08/03/2021)

Aug. 3, 2021 PACER
26

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 24 Motion for Leave to Appear Pro Hac Vice. Added Christine B. Hawes. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) (Entered: 08/03/2021)

Aug. 3, 2021 PACER

Order on Motion for Leave to Appear

Aug. 3, 2021 PACER
27

District Judge Leo T. Sorokin: New Civil Cases Procedural ORDER entered. (Simeone, Maria) (Entered: 08/04/2021)

Aug. 4, 2021 PACER
28

Assented to MOTION for Extension of Time to September 3, 2021 to File Response/Reply as to 17 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1), 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), 21 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(2) by Mark Tassinari.(Lafferty, Martha) (Entered: 08/11/2021)

Aug. 11, 2021 PACER
29

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re 28 Assented to MOTION for Extension of Time. ALLOWED IN PART as follows. The plaintiff's consolidated response to the motions to dismiss is due on September 3, 2021 and is limited to 40 pages in length, as requested. The defendants' reply briefs (one supporting each pending motion to dismiss) are due on September 17, 2021, with each reply limited to 5 pages in length. (Pacho, Arnold) (Entered: 08/12/2021)

Aug. 12, 2021 PACER

Order on Motion for Extension of Time to File Response/Reply

Aug. 12, 2021 PACER
30

AMENDED COMPLAINT Class Action against The Salvation Army (Eastern Territory), The Salvation Army National Corporation, filed by Mark Tassinari, Richard Espinosa, Randy Owens, Jonathan Anderson.(Lafferty, Martha) (Entered: 08/23/2021)

Aug. 23, 2021 RECAP
31

Joint MOTION for Extension of Time to September 21, 2021 to File motions to dismiss and Set Briefing Schedule by The Salvation Army (Eastern Territory), The Salvation Army National Corporation.(Hawes, Christine) (Entered: 08/30/2021)

Aug. 30, 2021 RECAP
32

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 31 Joint MOTION for Extension of Time to September 21, 2021 to File motions to dismiss and Set Briefing Schedule by The Salvation Army (Eastern Territory), The Salvation Army National Corporation. ALLOWED. (Dore, Samantha) (Entered: 08/31/2021)

Aug. 31, 2021 PACER
33

Set Deadlines: Motions due by 9/21/2021 (Dore, Samantha) (Entered: 08/31/2021)

Aug. 31, 2021 PACER
34

NOTICE of Appearance by Janet M. Herold on behalf of Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari (Herold, Janet) (Entered: 08/31/2021)

Aug. 31, 2021 RECAP

Order on Motion for Extension of Time

Aug. 31, 2021 PACER
35

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re Motions to Dismiss (Doc. Nos. 17, 19, and 21 ). TERMINATED AS MOOT in light of the Amended Complaint. (Dore, Samantha) Modified on 9/1/2021 (Dore, Samantha). (Entered: 09/01/2021)

Sept. 1, 2021 PACER
36

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The defendants, as related entities represented by the same counsel, shall consolidate their motion practice in this case when it is reasonable to do so. (Dore, Samantha) (Entered: 09/01/2021)

Sept. 1, 2021 PACER

Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction

Sept. 1, 2021 PACER

Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss for Failure to State a Claim

Sept. 1, 2021 PACER

Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss/Lack of Jurisdiction

Sept. 1, 2021 PACER

Order

Sept. 1, 2021 PACER
37

MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2) by The Salvation Army (Eastern Territory), The Salvation Army National Corporation.(Hawes, Christine) (Entered: 09/21/2021)

Sept. 21, 2021 RECAP
38

MEMORANDUM in Support re 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2) filed by The Salvation Army (Eastern Territory), The Salvation Army National Corporation. (Attachments: # 1 Affidavit of Lt. Colonel Dennis Gensler, # 2 Affidavit of Colonel Kenneth O. Johnson, Jr.)(Hawes, Christine) (Entered: 09/21/2021)

Sept. 21, 2021 RECAP
39

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d) by The Salvation Army (Eastern Territory), The Salvation Army National Corporation.(Hawes, Christine) (Entered: 09/21/2021)

Sept. 21, 2021 PACER
40

MEMORANDUM in Support re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d) filed by The Salvation Army (Eastern Territory), The Salvation Army National Corporation. (Hawes, Christine) (Entered: 09/21/2021)

Sept. 21, 2021 RECAP
41

Status Conference set for 9/28/2021 10:00 AM in Remote Proceeding : Boston before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Dore, Samantha) (Entered: 09/22/2021)

Sept. 22, 2021 PACER
42

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Status Conference held on 9/28/2021. The court discusses the 2 motions to dismiss. Counsel may file 1 reply for both motions without leave of court. The court will await the filings. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) (Entered: 09/28/2021)

Sept. 28, 2021 PACER
43

NOTICE of Change of Address or Firm Name by Amy F. Robertson (Robertson, Amy) (Entered: 09/28/2021)

Sept. 28, 2021 RECAP

Status Conference

Sept. 28, 2021 PACER
44

RESPONSE to Motion re 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2), 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d) filed by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Lafferty, Martha) (Main Document 44 replaced on 10/13/2021) (Dore, Samantha). (Entered: 10/12/2021)

Oct. 12, 2021 RECAP
45

MOTION for Leave to File Excess Pages for Reply Memorandum by The Salvation Army (Eastern Territory), The Salvation Army National Corporation.(Hensley, Kevin) (Entered: 10/15/2021)

Oct. 15, 2021 RECAP
46

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 45 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Simeone, Maria) (Entered: 10/20/2021)

Oct. 20, 2021 PACER

Order on Motion for Leave to File Excess Pages

Oct. 20, 2021 PACER
47

REPLY to Response to 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2), 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d) filed by The Salvation Army (Eastern Territory), The Salvation Army National Corporation. (Attachments: # 1 Reply Declaration of Lt. Col. Dennis Gensler, # 2 Reply Declaration of Col. Kenneth D. Johnson)(Hensley, Kevin) (Entered: 10/26/2021)

Oct. 26, 2021 PACER
48

MOTION for Leave to Appear Pro Hac Vice for admission of Maria del Pilar Gonzales Morales Filing fee: $ 100, receipt number AMADC-9032637 by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Attachments: # 1 Affidavit)(Herold, Janet) (Entered: 10/28/2021)

Oct. 28, 2021 PACER
49

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 48 Motion for Leave to Appear Pro Hac Vice Added Maria del Pilar Gonzales Morales. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Dore, Samantha) (Entered: 10/28/2021)

Oct. 28, 2021 PACER

Order on Motion for Leave to Appear

Oct. 28, 2021 PACER
50

MOTION for Leave to Appear Pro Hac Vice for admission of Mariyam Hussain Filing fee: $ 100, receipt number AMADC-9134460 by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Attachments: # 1 Affidavit)(Herold, Janet) (Entered: 01/12/2022)

Jan. 12, 2022 PACER
51

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 50 Motion for Leave to Appear Pro Hac Vice Added Mariyam Hussain. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Dore, Samantha) (Entered: 01/12/2022)

Jan. 12, 2022 PACER

Order on Motion for Leave to Appear

Jan. 12, 2022 PACER
52

MOTION to Withdraw Appearance of Amy F. Robertson by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari.(Robertson, Amy) (Entered: 01/14/2022)

Jan. 14, 2022 PACER
53

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 52 MOTION to Withdraw Appearance of Amy F. Robertson (Simeone, Maria) (Entered: 01/14/2022)

Jan. 14, 2022 PACER

Order on Motion to Withdraw

Jan. 14, 2022 PACER
54

NOTICE by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari re 44 Response to Motion, of Request for Leave to File Notice of Subsequent Authority (Attachments: # 1 Supplement Waters v. Day & Zimmermann NPS, Inc., No. 20-1997, __ F.4th ___, 2022 WL 123233 (1st Cir. Jan. 13, 2022))(Bansal, Lucy) (Entered: 01/20/2022)

Jan. 20, 2022 PACER
55

NOTICE of Appearance by Mariyam Hussain on behalf of Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari (Hussain, Mariyam) (Entered: 01/20/2022)

Jan. 20, 2022 PACER
56

MOTION for Leave to Appear Pro Hac Vice for admission of Matthew J. Murray Filing fee: $ 100, receipt number AMADC-9154081 by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Attachments: # 1 Certification)(Herold, Janet) (Entered: 01/25/2022)

Jan. 25, 2022 PACER
57

MOTION for Leave to Appear Pro Hac Vice for admission of Christine M. Salazar Filing fee: $ 100, receipt number AMADC-9154097 by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Attachments: # 1 Certification)(Herold, Janet) (Entered: 01/25/2022)

Jan. 25, 2022 PACER
58

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 56 Motion for Leave to Appear Pro Hac Vice Added Matthew J. Murray and granting 57 Motion for Leave to Appear Pro Hac Vice Added Christine M. Salazar. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Dore, Samantha) (Entered: 01/26/2022)

Jan. 26, 2022 PACER

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

Jan. 26, 2022 PACER
59

NOTICE of Appearance by Matthew John Murray on behalf of Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari (Murray, Matthew) (Entered: 01/27/2022)

Jan. 27, 2022 RECAP
60

NOTICE of Appearance by Christine M Salazar on behalf of Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari (Salazar, Christine) (Entered: 01/27/2022)

Jan. 27, 2022 PACER
61

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. re 54 Notice of Subsequent Authority ALLOWED. (Dore, Samantha) (Entered: 02/04/2022)

Feb. 4, 2022 PACER

Order

Feb. 4, 2022 PACER
62

NOTICE of Appearance by Maria del Pilar Gonzalez Morales on behalf of Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari (Gonzalez Morales, Maria del Pilar) (Entered: 02/28/2022)

Feb. 28, 2022 PACER
63

Notice of Supplemental Authorities re 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2), 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d) (Attachments: # 1 Exhibit A)(Salazar, Christine) (Entered: 04/08/2022)

April 8, 2022 PACER
64

ELECTRONIC NOTICE Setting Hearing on Motion 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d), 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2) : Motion Hearing set for 4/27/2022 09:00 AM in Courtroom 13 (In person only) before District Judge Leo T. Sorokin. (Belmont, Kellyann) (Entered: 04/19/2022)

April 19, 2022 PACER

Notice Setting or Resetting Hearing on Motion

April 19, 2022 PACER
65

ELECTRONIC NOTICE Resetting Hearing on Motion 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike Class Allegations Pursuant to FRCP 12(f) and 23(d), 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) and 12(b)(2) : At request of the parties the Motion Hearing is reset for 5/25/2022 03:00 PM in Courtroom 13 (In person only) before District Judge Leo T. Sorokin. (Belmont, Kellyann) (Entered: 04/22/2022)

April 22, 2022 PACER

Notice Setting or Resetting Hearing on Motion

April 22, 2022 PACER
66

Request for Judicial Notice by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Murray, Matthew) (Entered: 05/04/2022)

May 4, 2022 PACER
67

DECLARATION re 66 Request for Judicial Notice by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Murray, Matthew) (Entered: 05/04/2022)

May 4, 2022 PACER

State / Territory: Massachusetts

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: May 14, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals with opioid use disorder who use or have used medication-assisted treatment.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

The Salvation Army National Corporation, Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Housing

Reasonable Accommodations

Reasonable Modifications

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental impairment

Opioid disorder/medication

Mental Disability:

Depression

Learning disability

Medical/Mental Health:

Medication, administration of

Mental health care, general

Mental health care, unspecified