Wareham Free Library et al v. Wareham, Town of et al
Claim that public library and its trustees improperly transferred public monies to a private library foundation.
Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre and Diane Lazarus |
Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue and Massachusetts Interlocal Insurance Associate |
Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue, Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre and Diane Lazarus |
Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus, Wareham, Town of and Friends of Wareham Free Library, Inc. |
Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre and Diane Lazarus |
Massachusetts Interlocal Insurance Associate |
1:2007cv11807 |
September 25, 2007 |
US District Court for the District of Massachusetts |
Boston Office |
Plymouth |
Richard G. Stearns |
Civil Rights: Other |
28 U.S.C. § 1441 Notice of Removal |
Both |
Docket Report
This docket was last retrieved on May 4, 2010. A more recent docket listing may be available from PACER.
Document Text |
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Filing 70 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
Filing 69 Transcript of Settlement Agreement held on August 3, 2009, before Judge Sorokin. Court Reporter: None. Transcribed by Maryann Young at 508/384-2003. The Transcript may be purchased through Maryann Young, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 10/6/2009. Redacted Transcript Deadline set for 10/16/2009. Release of Transcript Restriction set for 12/14/2009. (Scalfani, Deborah) |
Filing 68 Judge Richard G. Stearns: ORDER entered. SETTLEMENT ORDER OF DISMISSAL; case closed. (Seelye, Terri) |
Civil Case Terminated. (Seelye, Terri) |
Filing 67 REPORT of Alternative Dispute Resolution Provider. Magistrate Judge Leo T. Sorokin reports case has settled. The clerk should enter a 60 day order of dismissal. (Report attached). (Franklin, Yvonne) |
ELECTRONIC NOTICE of ADR Conference. Alternative Dispute Resolution Hearing set for Monday, August 3, 2009 at 9:30 AM in Courtroom 14 before Magistrate Judge Leo T. Sorokin. INSTRUCTIONS - Counsel and principals are directed to be present and have full settlement authority. A brief mediation memoranda should be submitted BY HAND OR MAIL WITH THE COURT no later than July 27, 2009 and marked "Confidential - Not for Docketing". Counsel are requested to try and accommodate this date. In the event that you believe the case is not ripe for mediation at this time, or the date poses a serious conflict, counsel are to notify opposing counsel and FILE AN ASSENTED TO MOTION to continue the mediation as soon as possible. (Franklin, Yvonne) |
ELECTRONIC NOTICE of assignment to ADR Provider. Magistrate Judge Leo T. Sorokin appointed. The Court will contact counsel with regard to scheduling. (Franklin, Yvonne) |
Filing 66 Joint CONSENT to Alternative Dispute Resolution by Friends of Wareham Free Library, Inc. (Gallitano, Thomas) |
Judge Richard G. Stearns: Electronic ORDER entered. REFERRING CASE to Alternative Dispute Resolution. Magistrate Judge Sorokin will schedule the case.(Zierk, Marsha) |
Filing 65 NOTICE of Appearance by Michele E. Randazzo on behalf of Wareham, Town of (Randazzo, Michele) (Additional attachment(s) added on 7/14/2009: # 1 signed version of notice of appearance) (Flaherty, Elaine). |
Judge Richard G. Stearns: Electronic ORDER entered granting in part and denying in part 64 Motion for Extension of Time. This is the third request to extend the discovery period in this 2007 case (the prior requests were on 1/21/09 and 4/13/09). The Town has until July 13, 2009 to complete the outstanding Bicki and 30(b)(6) depositions. Mediation must be completed by Aug. 7. If the parties wish to utilize the court's mediation program, they should inform the court within ten days so that the case can be referred for an immediate mediation schedule (the program requires several weeks, ay least, to schedule a mediation date). Expert disclosures must be completed and exchanged by Aug. 28, 2009, with any summary judgment motions filed by September 11, 2009. Notably, the Town entitles their motion as Assented to Motion to Extend the Schedule; here the plaintiffs do not agree with allowance of the motion. A motion is not assented to unless all parties agree to the extension. (Zierk, Marsha) |
Filing 64 Assented to MOTION for Extension of Time to Extend Scheduling Order by Wareham, Town of. (Attachments: # 1 Exhibit)(Corbo, Elizabeth) |
Filing 63 NOTICE of Appearance by Thomas M. Tang on behalf of Massachusetts Interlocal Insurance Associate (Tang, Thomas) |
Filing 62 Joint MOTION for Extension of Time to Complete Discovery by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus, Wareham, Town of, Massachusetts Interlocal Insurance Associate, Friends of Wareham Free Library, Inc., Wareham Library Foundation, Inc., Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue.(Corbo, Elizabeth) |
Judge Richard G. Stearns: Electronic ORDER entered granting in part and denying in part 62 Motion for Extension of Time to Complete Discovery. The court will allow an extension until 6/26/09 for depositions. Expert disclosures must be exchanged by 7/31/09. All motions for summary judgment must be filed by 8/31/2009. (Tyler, Rebecca) |
Filing 61 Judge Richard G. Stearns: ORDER entered granting in part and denying in part 58 Motion for Protective Order (Zierk, Marsha) |
Filing 60 Opposition re 58 MOTION for Protective Order regarding notice of deposition filed by Wareham Free Library, Inc.,, Priscilla Porter(Individually and as Trustees of Wareham Free Library, Inc.), Mary Nyman(Individually and as Trustees of Wareham Free Library, Inc.), Hazal Taber(Individually and as Trustees of Wareham Free Library, Inc.), Michelle Baum(Individually and as Trustees of Wareham Free Library, Inc.), Sandra Wheeler(Individually and as Trustees of Wareham Free Library, Inc.), John Lanci(Individually and as Trustees of Wareham Free Library, Inc.), Martha Maguire(Individually and as Trustees of Wareham Free Library, Inc.), Yelena Farioli-Beaupre(Individually and as Trustees of Wareham Free Library, Inc.), Diane Lazarus(Individually and as Trustees of Wareham Free Library, Inc.). (Zoubaidoulline, Timour) |
Filing 59 MEMORANDUM in Support re 58 MOTION for Protective Order regarding notice of deposition filed by Massachusetts Interlocal Insurance Associate. (Maravelis, Arthur) |
Filing 58 MOTION for Protective Order regarding notice of deposition by Massachusetts Interlocal Insurance Associate.(Maravelis, Arthur) |
Judge Richard G. Stearns: Electronic ORDER entered granting 57 Motion for Extension of Time to Complete Discovery. Fact discovery to be completed by March 31, 2009; expert disclosures to be completed and exchanged by May 15, 2009 and dispositive motions filed by June 19, 2009. (Zierk, Marsha) |
Filing 57 Joint MOTION for Extension of Time to March 31, 2009 to Complete Discovery and Related Extensions by Friends of Wareham Free Library, Inc..(Gallitano, Thomas) |
Filing 56 MIIA Property and Casualty Group, Inc.'s ANSWER to 51 Third Party Complaint, by Massachusetts Interlocal Insurance Associate.(Maravelis, Arthur) |
Filing 55 Disclosure pursuant to Rule 26 by Wareham Library Foundation, Inc..(Zoubaidoulline, Timour) |
Filing 54 Disclosure pursuant to Rule 26 by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus.(Zoubaidoulline, Timour) |
Filing 53 Amended ANSWER to 3 Answer to Complaint, Counterclaim (Leave to file granted on August 20, 2008) by Wareham Library Foundation, Inc..(Zoubaidoulline, Timour) |
Filing 52 Amended ANSWER to 3 Answer to Complaint, Counterclaim (Leave to file granted on August 20, 2008) by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus.(Zoubaidoulline, Timour) |
Filing 51 Amended THIRD PARTY COMPLAINT (Leave to file granted on August 14, 2008) against Massachusetts Interlocal Insurance Associate, filed by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus.(Zoubaidoulline, Timour) |
Judge Richard G. Stearns: Electronic ORDER entered granting 40 as unopposed Motion to Amend Answer to COunterclaim by plaintiffs Wareham Free Library, Inc. and its Individually named Trustees; granting 46 as unopposed Motion to Amend Answer to Counterclaim by defendants-in-counterclaim, the Wareham Library Foundation, Inc. and its individually named Officers and Directors. (Zierk, Marsha) |
Filing 50 Judge Richard G. Stearns: ORDER entered granting in part and denying in part 43 Motion to Amend (Zierk, Marsha) |
Filing 49 Third Party Opposition re 43 MOTION to Amend 9 Third Party Complaint, MOTION to Amend 9 Third Party Complaint, filed by Massachusetts Interlocal Insurance Associate. (Maravelis, Arthur) |
Filing 48 CERTIFICATE OF CONSULTATION re 46 MOTION to Amend 30 Answer to Counterclaim. (Zoubaidoulline, Timour) |
Filing 47 (Proposed) Amended ANSWER to 3 Answer to Complaint, Counterclaim by Wareham Library Foundation, Inc..(Zoubaidoulline, Timour) |
Filing 46 MOTION to Amend 30 Answer to Counterclaim by Wareham Library Foundation, Inc..(Zoubaidoulline, Timour) |
Filing 45 CERTIFICATE OF CONSULTATION re 43 MOTION to Amend 9 Third Party Complaint, MOTION to Amend 9 Third Party Complaint,. (Zoubaidoulline, Timour) |
Filing 44 Amended THIRD PARTY COMPLAINT (Proposed) against Massachusetts Interlocal Insurance Associate, filed by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus.(Zoubaidoulline, Timour) |
Filing 43 MOTION to Amend 9 Third Party Complaint, by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus. (Attachments: # 1 Appendix LLJUA v. Great American Ins. Co. (Mass.Super.2003))(Zoubaidoulline, Timour) |
Filing 42 CERTIFICATE OF CONSULTATION re 40 MOTION to Amend 7 Answer to Counterclaim,,,. (Zoubaidoulline, Timour) |
Filing 41 (Proposed) Amended ANSWER to 3 Answer to Complaint, Counterclaim by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus.(Zoubaidoulline, Timour) |
Filing 40 MOTION to Amend 7 Answer to Counterclaim,,, by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus.(Zoubaidoulline, Timour) |
Clerk's Notes for proceedings held before Judge Richard G. Stearns: Hearing on jurisdiction held on 6/18/2008. Court finds that under the Complaint as plead, basis for federal jurisdiction exists. Court will adopt the schedule proposed by the parties on January 18, 2008, however the court will add five months to each prescribed date. Accordingly, any motion to amend must be filed by July 22, 2008; initial disclosures are due by August 25, 2008, written discovery completed by October 23, 2008; fact depositions completed by January 22, 2009; expert disclosures must be completed by February 17, 2009; and any motion for summary judgment must be filed by March 23, 2009, with oppositions due fourteen days thereafter. SO ORDERED. (Court Reporter: James Gibbons.)(Attorneys present: Phil Beauregard and Tom Gallitano for the plaintiffs; Leonard Kesten, Peter Montgomery and Elizabeth Corbo for the defendants) (Zierk, Marsha) |
Judge Richard G. Stearns: Electronic ORDER entered denying 35 Motion for Costs. The reasons for declination of service are valid. (Zierk, Marsha) |
Filing 39 AFFIDAVIT in Support re 37 Opposition to Motion (Supplemental Affidavit). (Zoubaidoulline, Timour) |
Filing 38 AFFIDAVIT in Support re 37 Opposition to Motion For Costs and Fees. (Zoubaidoulline, Timour) |
Filing 37 Opposition re 35 MOTION for Costs and Fees filed by Wareham Library Foundation, Inc.. (Attachments: # 1 Exhibit 1)(Zoubaidoulline, Timour) |
Filing 36 AFFIDAVIT in Support re 35 MOTION for Costs and Fees of Elizabeth R. Corbo. (Corbo, Elizabeth) |
Filing 35 MOTION for Costs and Fees by Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Corbo, Elizabeth) |
Filing 34 CERTIFICATE OF CONSULTATION. (Corbo, Elizabeth) |
Notice of correction to docket made by Court staff. Correction: letter dated 4/28/08 corrected because: attorney had incorrect case number on document should have been filed in 07-11807 RGS. (Flaherty, Elaine) |
Filing 33 Letter/request (non-motion) from Westport Conservation re: their status in the case, filed. (Flaherty, Elaine) |
ELECTRONIC NOTICE of Hearing :Hearing set for 6/18/2008 at 03:00 PM in Courtroom 21 before Judge Richard G. Stearns (on Federal claim issue). (Johnson, Mary) |
Filing 32 NOTICE of Withdrawal of Appearance by George X. Pucci (Pucci, George) |
Filing 31 CORPORATE DISCLOSURE STATEMENT by Wareham Library Foundation, Inc.. (Zoubaidoulline, Timour) |
Filing 30 ANSWER to 3 Answer to Complaint, Counterclaim by Wareham Library Foundation, Inc..(Zoubaidoulline, Timour) |
Filing 29 MEMORANDUM OF LAW by Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue. (Attachments: # 1 Exhibit Exhibit A)(Montgomery, Peter) |
Filing 28 WAIVER OF SERVICE Returned Executed Friends of Wareham Free Library, Inc. waiver sent on 10/30/2007, answer due 12/29/2007. (Corbo, Elizabeth) |
Filing 27 SUMMONS Returned Executed Wareham Library Foundation, Inc. served on 2/18/2008, answer due 3/10/2008. (Corbo, Elizabeth) |
Filing 26 MEMORANDUM OF LAW by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Zoubaidoulline, Timour) |
Judge Richard G. Stearns: Electronic ORDER entered granting 25 Motion for Extension of Time. (Johnson, Mary) |
Filing 25 Emergency MOTION for Extension of Time to February 19, 2008 to File Memorandum Concerning The Basis For Plaintiffs' Federal Claim by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus.(Zoubaidoulline, Timour) |
Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Scheduling Conference held on 1/23/2008. After colloquy with counsel, plaintiff will file in the next 3 weeks a memo which will advise the Court that plaintiff is either withdrawing the Federal claim and requesting case to be remanded back to State Court, or advising the Court the basis upon which the Federal claim can be sustained in this Court as a Federal action. The defendants may then have 2 weeks to respond to that filing. If the case remains here, the Court will then enter a 'scheduling order' without counsel having to come back for a 16b conference. (Court Reporter: None.)(Attorneys present: Attys. Beauregard, Gallitano, Cowan, Perkins, Montgomery, Marabelis) (Johnson, Mary) . |
Filing 24 CERTIFICATE OF CONSULTATION by Massachusetts Interlocal Insurance Associate by Massachusetts Interlocal Insurance Associate.(Maravelis, Arthur) |
Filing 23 CERTIFICATE OF CONSULTATION Friends of Wareham Free Library. (Gallitano, Thomas) |
Filing 22 CERTIFICATE OF CONSULTATION of Defendants. (Pucci, George) |
Filing 21 JOINT STATEMENT re scheduling conference. (Zoubaidoulline, Timour) |
Filing 20 ANSWER to 9 Third Party Complaint, by Massachusetts Interlocal Insurance Associate.(Maravelis, Arthur) |
Filing 19 ANSWER to 3 Answer to Complaint, Counterclaim by Friends of Wareham Free Library, Inc..(Gallitano, Thomas) |
Filing 18 CORPORATE DISCLOSURE STATEMENT by Friends of Wareham Free Library, Inc.. (Gallitano, Thomas) |
Filing 17 ANSWER to Complaint with Jury Demand by Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue.(Montgomery, Peter) (Additional attachment(s) added on 1/8/2008: # 1 answer and jury demand) (Flaherty, Elaine). |
Filing 16 NOTICE of Appearance by George X. Pucci on behalf of Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue (Pucci, George) |
ELECTRONIC NOTICE OF RESCHEDULING: "due to a conflict, the Scheduling Conference is re-scheduled to Wed., 1/23/2008 at 02:00 PM in Courtroom 21 before Judge Richard G. Stearns. "(Johnson, Mary) |
Filing 15 NOTICE of Scheduling Conference entered:Scheduling Conference set for 1/7/2008 03:15 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) |
Filing 14 NOTICE of Appearance by Lurleen A Manning on behalf of Friends of Wareham Free Library, Inc. (Manning, Lurleen) |
Filing 13 NOTICE of Appearance by Thomas J. Gallitano on behalf of Friends of Wareham Free Library, Inc. (Gallitano, Thomas) |
Filing 12 NOTICE of Appearance by Jonathan M. Silverstein on behalf of Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue (Silverstein, Jonathan) (Additional attachment(s) added on 12/28/2007: # 1 notice of appearance) (Flaherty, Elaine). |
Filing 11 ANSWER to Counterclaim for Indemnification by Wareham, Town of.(Corbo, Elizabeth) |
Filing 10 CERTIFICATE OF SERVICE by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus re 9 Third Party Complaint,. (Beauregard, Philip) |
Filing 9 THIRD PARTY COMPLAINT against Massachusetts Interlocal Insurance Associate, filed by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus.(Beauregard, Philip) |
Filing 8 CERTIFICATE OF SERVICE by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus re 7 Answer to Counterclaim,,,. (Zoubaidoulline, Timour) |
Filing 7 ANSWER to Counterclaim, COUNTERCLAIM FOR INDEMNIFICATION against Wareham, Town of by Wareham Free Library, Inc.,, Priscilla Porter, Mary Nyman, Hazal Taber, Michelle Baum, Sandra Wheeler, John Lanci, Martha Maguire, Yelena Farioli-Beaupre, Diane Lazarus.(Zoubaidoulline, Timour) |
Filing 6 STATE COURT Record Wareham, Town of served on 9/4/2007, answer due 9/24/2007.. (York, Steve) |
Filing 5 Judge Reginald C. Lindsay : RECUSAL ORDER entered. (Losco, Marie) |
Case Reassigned to Judge Richard G. Stearns. Judge Reginald C. Lindsay no longer assigned to the case. (York, Steve) |
Filing 4 NOTICE of Appearance by Leonard H. Kesten on behalf of Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue (Kesten, Leonard) |
Filing 3 ANSWER to Complaint with Jury Demand, COUNTERCLAIM against all plaintiffs by Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue.(Corbo, Elizabeth) |
Filing 2 NOTICE of Appearance by Elizabeth R. Corbo on behalf of Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue (Corbo, Elizabeth) |
Filing fee: $ 350.00, receipt number 82626 for 1 Notice of Removal, (Diskes, Sheila) |
Filing 1 NOTICE OF REMOVAL by Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue as Members of the Board of Selectmen from Plymouth Superior, case number PLCV2007-01065. (Attachments: # 1 # 2)(Montgomery, Peter) |
ELECTRONIC NOTICE of Case Assignment. Judge Reginald C. Lindsay 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 Dein (Edge, Eugenia) |
Remark: Certified copy returned to courier. (Edge, Eugenia) |
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