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 putative class action suit against the Salvation Army National Corporation and the Salvation Army New York 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 ther…

On May 14, 2021, plaintiffs filed this putative class action suit against the Salvation Army National Corporation and the Salvation Army New York 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, the 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, the defendants filed motions to dismiss. On August 23, 2021, the plaintiffs filed an amended class action complaint. In the amended complaint, the 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 the 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.

After a hearing on the motions on May 25, 2022, the court granted in part and denied in part defendants’ motions on June 22, 2022. The court first addressed the motion to dismiss for lack of jurisdiction. The court rejected the defendants’ argument that, under the First Amendment, it lacked jurisdiction because the case involved a religious dispute. However, the court dismissed the Salvation Army National Corporation as a defendant because the court lacked personal jurisdiction over the corporation. Two plaintiffs who had brought claims against the national corporation were dismissed as well. The court further held that the remaining plaintiffs had standing because they had suffered injuries in fact, including the pain of withdrawal symptoms, as a result of the defendants’ policies. 610 F. Supp. 3d 343.

As to the motion to dismiss for failure to state a claim, the court dismissed one plaintiff’s FHA claim based on the statute of limitations. The court also dismissed the plaintiffs’ ADA claims because the Salvation Army was exempt from those claims as a religious organization, but held that the issue of a religious exemption under the FHA should be decided after discovery. Lastly, the court granted the defendants’ motion to amend the plaintiffs’ class allegations, limiting the class to plaintiffs bringing claims against the New York corporation. 

On August 22, 2022, the plaintiffs amended their complaint to include another named plaintiff. 

After various discovery disputes, the plaintiffs filed a motion for preliminary injunction and a motion to certify class for purposes of preliminary injunctive relief on May 5, 2023. As of November 19, 2023, the court has not yet ruled on those motions.

Summary Authors

Gabrielle Simeck (9/19/2021)

Venesa Haska (11/19/2023)

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)
Attorney for Plaintiff

Bansal, Lucy Brierly (District of Columbia)

Chan, Connie (Massachusetts)

Elga, Benjamin (New York)

Attorney for Defendant

Gies, Thomas P (District of Columbia)

Hawes, Christine B (District of Columbia)

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Documents in the Clearinghouse

Document

1:21-cv-10806

Docket [PACER]

Tassinari v. The Salvation Army National Corporation

Sept. 19, 2021

Sept. 19, 2021

Docket
1

1:21-cv-10806

Class Action Complaint

May 14, 2021

May 14, 2021

Complaint
30

1:21-cv-10806

First Amended Class Action Complaint

Aug. 23, 2021

Aug. 23, 2021

Complaint
72

1:21-cv-10806

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

June 22, 2022

June 22, 2022

Order/Opinion

610 F.Supp.3d 610

83

1:21-cv-10806

Second Amended Class Action Complaint

Aug. 22, 2022

Aug. 22, 2022

Complaint

Docket

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

Last updated March 2, 2024, 3:02 a.m.

ECF Number Description Date Link 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)

1 Civil Cover Sheet Civil Cover Sheet

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2 Civil Category Sheet

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May 14, 2021

May 14, 2021

Clearinghouse
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

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

May 17, 2021

PACER

Notice of Case Assignment

May 17, 2021

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)

1 Affidavit

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May 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

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

May 20, 2021

PACER

Order on Motion for Leave to Appear

May 20, 2021

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

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

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

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

June 28, 2021

PACER

Order on Motion for Leave to Appear

June 28, 2021

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

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

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

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

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

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

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

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)

1 Affidavit Declaration of Lt. Col. Dennis Gensler

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Aug. 2, 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

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

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

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)

1 Affidavit Declaration of Col. Kenneth O. Johnson, Jr.

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2 Affidavit Declaration of Captain Leon Ferraez

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3 Affidavit Declaration of Col. Steven M. Howard

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4 Affidavit Declaration of Terry Hughes

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Aug. 2, 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)

1 Affidavit Certification of Counsel - LR 85.5.3

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Aug. 2, 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)

1 Affidavit Certification of Counsel - LR 85.5.3

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Aug. 2, 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

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

Aug. 3, 2021

PACER

Order on Motion for Leave to Appear

Aug. 3, 2021

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

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

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

Aug. 12, 2021

PACER

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

Aug. 12, 2021

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

Aug. 23, 2021

Clearinghouse
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

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

Aug. 31, 2021

PACER
33

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

Aug. 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

Aug. 31, 2021

RECAP

Order on Motion for Extension of Time

Aug. 31, 2021

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

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

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

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

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

Sept. 1, 2021

PACER

Order

Sept. 1, 2021

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

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)

1 Affidavit of Lt. Colonel Dennis Gensler

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2 Affidavit of Colonel Kenneth O. Johnson, Jr.

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Sept. 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

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

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

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

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

Sept. 28, 2021

RECAP

Status Conference

Sept. 28, 2021

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

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

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

Oct. 20, 2021

PACER

Order on Motion for Leave to File Excess Pages

Oct. 20, 2021

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)

1 Reply Declaration of Lt. Col. Dennis Gensler

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2 Reply Declaration of Col. Kenneth D. Johnson

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Oct. 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)

1 Affidavit

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Oct. 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

Oct. 28, 2021

PACER

Order on Motion for Leave to Appear

Oct. 28, 2021

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

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

Jan. 12, 2022

PACER

Order on Motion for Leave to Appear

Jan. 12, 2022

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

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

Jan. 14, 2022

PACER

Order on Motion to Withdraw

Jan. 14, 2022

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)

1 Supplement Waters v. Day & Zimmermann NPS, Inc., No. 20-1997, __ F.4th ___, 2022

View on PACER

Jan. 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

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

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)

1 Certification

View on PACER

Jan. 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

Jan. 26, 2022

PACER

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

Jan. 26, 2022

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

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

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

Feb. 4, 2022

PACER

Order

Feb. 4, 2022

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

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

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

April 19, 2022

PACER

Notice Setting or Resetting Hearing on Motion

April 19, 2022

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

April 22, 2022

PACER

Notice Setting or Resetting Hearing on Motion

April 22, 2022

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

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

May 4, 2022

PACER
68

MEMORANDUM OF LAW by The Salvation Army (Eastern Territory), The Salvation Army National Corporation to 66 Request for Judicial Notice. (Hensley, Kevin) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
69

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 5/25/2022 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, 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. The Court heard argument on the motions. The Court took the matter under advisement. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Lucy B. Bansal, Christine M. Salazar, Matthew John Murray for plaintiffs and Christine B. Hawes and Thomas P. Gies for defendants) (Belmont, Kellyann) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER

Motion Hearing

May 25, 2022

May 25, 2022

PACER
70

MOTION to Withdraw as Attorney by Jonathan Anderson, Richard Espinosa, Randy Owens, Mark Tassinari.(Lafferty, Martha) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
71

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re 70 Motion to Withdraw as Attorney. ALLOWED. Attorney Martha M. Lafferty terminated (Belmont, Kellyann) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER

Order on Motion to Withdraw as Attorney

June 8, 2022

June 8, 2022

PACER
72

District Judge Leo T. Sorokin: ORDER entered. ORDER ON MOTIONS TO DISMISS (DOC. NOS. 37, 39 ) The Motions to Dismiss, Doc. Nos. 37, 39, are ALLOWED IN PART AND DENIED IN PART. (Dore, Samantha) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

Clearinghouse
73

NOTICE of Scheduling Conference: Scheduling Conference set for 6/30/2022 11:00 AM in Courtroom 13 (Remote only) 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. (Attachments: # 1 Scheduling Order Sample, # 2 Standing Order on Summary Judgment)(Belmont, Kellyann) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
74

JOINT STATEMENT re scheduling conference . (Murray, Matthew) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
75

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Scheduling Conference held on 6/30/2022. Court hears from the parties regarding their positions on the schedule for the case. The Court adopts the schedule set forth in page two of # 74 . Scheduling order to issue. Status Conference set for 4/6/2023 02:00 PM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin. The schedule does not preclude the filing of early summary judgment motions. The Court goes over its practice regarding status conferences and discovery disputes.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. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Lucy B. Bansal, Christine M Salazar, Matthew John Murray for plaintiffs and Christine B. Hawes, Thomas P. Gies, and Kevin M. Hensley for defendants) (Belmont, Kellyann) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
76

District Judge Leo T. Sorokin: ORDER entered. SCHEDULING ORDER: Initial Disclosures by 7/20/2022, Amendments to Pleadings 30 days after the Court's ruling on Plaintiffs' motion for class certification, All requests for production of documents and interrogatories must be served by 3/1/2023, All requests for admission must be served by 3/1/2023, All depositions, other than expert depositions, must be completed by 3/31/2023, Fact Discovery to be completed by 3/31/2023, Status conference set for 4/6/2023 at 2:00pm, Trial experts disclosed by 5/1/2023, Rebuttal experts disclosed by 5/31/2023, All trial experts deposed by 6/30/2023, Class certification Motions due by 7/31/2023, Dispositive motions filed 60 days after the Court's order on Plaintiffs' motion for class certification. (Belmont, Kellyann) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER

Scheduling Conference

June 30, 2022

June 30, 2022

PACER
77

ANSWER to 30 Amended Complaint by The Salvation Army (Eastern Territory).(Hensley, Kevin) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

PACER
78

Transcript of Motion Hearing held on May 25, 2022, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Rachel Lopez at raeufp@gmail.com. Redaction Request due 9/2/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/10/2022. (Coppola, Katelyn) (Entered: 08/17/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 14, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals with Opioid Use Disorder who are or were excluded from participating in The Salvation Army’s Adult Rehabilitation Centers and Programs because of their use of doctor-prescribed medication-assisted treatment drugs and/or are or were denied access to, and/or are or were impeded from receiving, doctor-prescribed medication-assisted treatment drugs while participating in The Salvation Army Adult Rehabilitation Centers and Programs.

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 (- United States (national) -), Private Entity/Person

The Salvation Army New York Corporation (New York), 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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Housing

Rehabilitation

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

disability, unspecified

Mental impairment

Opioid disorder/medication

Depression

Learning disability

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medication, administration of

Mental health care, general

Mental health care, unspecified