![]() On October 4, 2013, Warren filed a motion to dismiss on res judicata grounds, which was heard on January 9, 2014. On September 6, 2013, Mooney filed her complaint in Superior Court alleging the same claims she had sought to add to the Federal complaint. Mooney moved to amend her complaint to include counts against Warren in his personal capacity on Augthis motion, opposed by the defendants in that action, was denied on §§ 19, as well as numerous pendent State law claims, all in connection with certain events alleged while Mooney worked with the Newton police department. In brief, on or about March 15, 2013, the plaintiff, Jeanne Sweeney Mooney, brought a multiple count complaint in the United States District Court for the District of Massachusetts against Warren, in his official capacity as the mayor of the city of Newton, and others, in which she alleged conspiracy and deprivation of civil rights pursuant to 42 U.S.C. Because we consider his appeal premature, we dismiss it.īackground. His motion claimed that a prior order in the Federal court that denied the plaintiff's motion to amend her complaint to add claims there against the defendant in his individual capacity barred the plaintiff's claims here as res judicata. ![]() 754 (1974), to dismiss the plaintiff's complaint. Warren, appeals from an order of a judge of the Superior Court that denied his motion, filed pursuant to Mass.R.Civ.P. Curran, J.Īngela Buchanan Smagula, Assistant City Solicitor, for the defendant.įECTEAU, J. ![]() Immediately appealable under the doctrine of present execution, ĬIVIL ACTION commenced in the Superior Court Department on September 6, 2013.Ī motion to dismiss was heard by Dennis J. The defendant's motion to dismiss on grounds of res judicata was not This court concluded that, in a civil action, an order of a Superior Court judge denying 137 DecemMaCourt Below: Superior Court, Middlesex County Present: Cohen, Fecteau, & Massing, JJ. ![]()
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