26 results for 'judge:"Kelley"'.
J. Kelley allows in part the motion to access a third party’s mental health records and criminal offender record information of a man granted a new trial after serving approximately 30 years in prison for allegedly raping a 78-year-old woman. The third party is a woman with substance abuse disorder who had a tumultuous intimate relationship with the man, and she had provided testimony that the man confessed of the rape to her. Some of the documents sought are protected by the Public Health Service Act but her “non-communicative mental health records pertaining to her
diagnoses and treatment—are not privileged.”
Court: USDC Massachusetts, Judge: Kelley, Filed On: April 22, 2024, Case #: 1:18cv10147, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Due Process, Discovery
J. Kelley grants a recruiting firm’s motion for default judgment against a supplier that agreed to provide an engineer to the firm’s client, but then knowingly provided an imposter, requiring the client to have a forensic audit performed when they realized an imposter had been hired. The recruiting firm paid over $55,000 to cover the audit as a way to work towards maintaining a positive relationship with the client. The recruiting firm makes a plausible showing for all of its claims, including breach of contract, tortious interference and deceptive trade practices.
Court: USDC Massachusetts, Judge: Kelley, Filed On: March 27, 2024, Case #: 1:22cv11871, NOS: Other Contract - Contract, Categories: Damages, Interference With Contract, Contract
J. Kelley denies two medical companies’ motion to dismiss a class action brought against them by an employee for alleged unpaid wages and other damages. Defendants required plaintiff to work during meal breaks and failed to pay the employee and others situated similarly a mandatory hour of premium pay per day where he was required to work during a meal break, failed to factor shift differentials into calculations of overtime pay and failed to provide accurate, itemized wage statements.
Court: USDC Massachusetts, Judge: Kelley, Filed On: March 25, 2024, Case #: 1:23cv11585, NOS: Other Labor Litigation - Labor, Categories: Employment, Damages, Class Action
J. Kelley grants a state transportation organization's motion to dismiss a civil action brought against it by an employee for allegedly failing to provide him with reasonable accommodations, retaliating against him, discriminating against him based on his national origin and race and intentional infliction of emotional distress. The employee’s claims are time-barred.
Court: USDC Massachusetts, Judge: Kelley, Filed On: February 9, 2024, Case #: 1:23cv10993, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Kelley allows in part a job applicant’s motion “to compel defendant to supplement its initial disclosures and responses to plaintiff’s interrogatories and requests for production (‘RFPs’), and to award plaintiff $2,000 in fees.” The job applicant did not request leave to file his reply, so any arguments he first puts forward in the reply that were not in his initial motion are not considered. The corporation that hired a younger, white and allegedly less-qualified candidate over plaintiff already provided some of the discovery items requested by the applicant, but they are now required to provide memorandums, writings, notes and emails related to the application and interviewing of the younger, white candidate who was chosen for the position.
Court: USDC Massachusetts, Judge: Kelley, Filed On: November 13, 2023, Case #: 1:22cv12002, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Discovery, Employment Discrimination
J. Kelley grants a kosher certifying organization’s motion for default judgment against a food supplier that puts the organization’s trademark certifying its products as kosher on its products even though its products do not adhere to the certification and the organization issued a cease-and-desist letter. The supplier is no longer allowed to use the trademark and owes the organization $593,829.67.
Court: USDC Massachusetts, Judge: Kelley, Filed On: October 24, 2023, Case #: 1:22cv11460, NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Damages
J. Kelley allows a government agency’s motion for summary judgment against an individual suing it for failure to provide him with all immigration-related documents he requested. Only one document was missing and, while the individual noted that the agency failed to search an internal shared drive, it chose not to do so because that shared drive contained drafts rather than final decisions.
Court: USDC Massachusetts, Judge: Kelley, Filed On: August 10, 2023, Case #: 1:21cv11817, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, Public Record, Discovery
J. Kelley denies a satanic group’s motion for summary judgment against Boston for not allowing the group to be the selected member of the public to give a few words at the beginning of a city council meeting. The group claims their First Amendment rights were violated but this is not the case because the selection of a speaker is based on city counselors’ relationships with members of their districts. The satanic group was not chosen not due to its religious beliefs, but based on a preference for others the city saw as more active in their community and in serving their constituents.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 31, 2023, Case #: 1:21cv10102, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, First Amendment
J. Kelley denies one real estate agency's motion to dismiss and partially grants another agency's motion to dismiss class action claims accusing them of violating the Fair Housing Act through their participation in a tenant-screening software. The real estate agency that developed the software argues that it is not at fault because housing providers make the final decision of whom to house, but this argument fails because the agency does not disclose the factors its software uses to "automate human judgment" or allow housing providers to change which factors are used. However, the tenants fail to provide substantial evidence that the agency has acted in an unfair way.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 26, 2023, Case #: 1:22cv10800, NOS: Housing/Accommodations - Civil Rights, Categories: Real Estate, Housing, Class Action
J. Kelley dismisses billed individuals’ motion to have their counterclaims reconsidered after they were dismissed initially, because they argue that a company tried to force them to pay sales taxes. However, the company repeatedly sending invoices including a sales tax is not the same thing as demanding they pay a sales tax.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 7, 2023, Case #: 1:20cv11402, NOS: Other Contract - Contract, Categories: Tax, Contract
J. Kelley refuses to compel arbitration on a woman’s putative class action, in which she claims America’s Test Kitchen violated her privacy by sharing her video-watching activities to a third party. The company's site's terms and conditions are not conspicuous, and there is a dispute of fact whether the individual gave her consent to disclose her personal information.
Court: USDC Massachusetts, Judge: Kelley, Filed On: June 27, 2023, Case #: 1:22cv11309, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Privacy
J. Kelley denies, in part, a software company owner's motion to dismiss several counterclaims filed by a company that claims he hid material information about his business during the company's purchase of it. The company has adequately pleaded its claims for fraudulent concealment and misrepresentation, along with state law violations.
Court: USDC Massachusetts, Judge: Kelley, Filed On: June 23, 2023, Case #: 1:22cv10864, NOS: Other Contract - Contract, Categories: Corporations, Fraud, Contract
J. Kelley denies a construction company and individual's motion for judgment as a matter of law following a jury verdict in favor of a worker who was injured when he fell from a ladder, which prompted an investigation by the Occupational Safety and Health Administration. The Secretary of Labor showed the company and individual retaliated against the employee by reporting him to immigration officials and arranging a meeting, following which the worker was arrested.
Court: USDC Massachusetts, Judge: Kelley, Filed On: June 14, 2023, Case #: 1:19cv10369, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Labor
J. Kelley denies Immigration and Customs Enforcement's motion for summary judgment on the American Civil Liberties Union of Massachusetts' Freedom on Information Act case, in which the group seeks records related to an indictment against a judge for allegedly allowing a defendant with an ICE detainer exit the courthouse through an alternate route. The agency must provide further information regarding how it searched a certain mobile device and other details regarding relevant communications on the device.
Court: USDC Massachusetts, Judge: Kelley, Filed On: May 8, 2023, Case #: 1:21cv10761, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, Judiciary, Public Record