Barnes v. Fleet National Bank, et al
| Deborah J. Barnes |
| Fleet National Bank and Fleetboston Financial Corporation |
| Judith G. Dein |
| Margo Schlanger, Nancy Feldman, Colman Herman, Victoria Wolfson and David Miller |
| 1:2001cv10395 |
| March 7, 2001 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Nancy Gertner |
| Other Statutory Actions |
| JS 44 Sec. IV - no matching citation currently in database |
| Defendant |
Docket Report
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This docket was last retrieved on March 9, 2007. A more recent docket listing may be available from PACER.
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| Judge Nancy Gertner : Electronic ORDER entered granting #141 Motion for Attorney Fees. Fleet's request for attorneys fees is not objected to by any of the cy pres parties affected thereby, and is reasonable under the circumstances. (Gertner, Nancy) |
| Filing 141 MOTION for Attorney Fees Incurred in Defending and Administering the Settlement Agreement by Fleet National Bank, Fleetboston Financial Corporation. (Attachments: #1 Exhibit A: Letter from National Consumer Law Center#2 Exhibit B: Letter from GBLS#3 Exhibit C: Letter from City Year#4 Exhibit D: Settlement Agreement#5 Exhibit E: Buttermore Affidavit)(Rutkowski, Rheba) Additional attachment(s) added on 2/15/2007 (Filo, Jennifer). |
| E-Mail Notice returned as undeliverable. Name of Addressee: Jon E Hayden. The ECF Help Desk attempted to contact the attorney, and learned that the attorney has retired. The attorney's email address has been removed from the ECF database to prevent the return of additional undeliverable email notices. (Hurley, Virginia) |
| Filing 139 MANDATE of USCA as to #123 Notice of Appeal, filed by Nancy Feldman, (Ramos, Jeanette) |
| Filing 138 USCA Judgment as to #123 Notice of Appeal, filed by Nancy Feldman. Upon consideration of stipulation, It is hereby ordered that this appeal be voluntarily dismissed pursuant to Fed. R. App. P. 42(b) with each party to bear its own costs. Mandate to issue forthwith. (Ramos, Jeanette) |
| Filing 140 Letter/request (non-motion) from John Pentz re: bond order. (Filo, Jennifer) |
| Filing 137 Judge Nancy Gertner: AMENDED MEMORANDUM AND ORDER Re: Motion to Require Objector Feldman to Post Appeal Bond.(Filo, Jennifer) |
| Judge Nancy Gertner: ELECTRONIC ENDORSEMENT re #136 Memorandum and Order Re: Motion to Require Objector Feldman to Post Appeal Bond in the amount of $645,111.60. Amended memorandum to be filed correcting a typographical error with respect to the amount. (Filo, Jennifer) |
| Filing 136 Judge Nancy Gertner : ORDER entered granting in part and denying in part #124 Motion to Require Objector Feldman to Post Appeal Bond. (Gertner, Nancy) |
| Filing 135 Supplemental Record on Appeal transmitted to US Court of Appeals re #123 Notice of Appeal, Documents included: 134 (Scalfani, Deborah) |
| Filing 134 TRANSCRIPT of Settlement Hearing held on March 15, 2006 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/261-0555 or the Clerk's Office. (Scalfani, Deborah) Modified on 8/21/2006 (Johnson, Jay). |
| Filing 133 AMENDED Certificate of Service by Deborah J. Barnes re #132 Reply to Response to Motion Amended/Corrected Certificate of Service (Burke, Alexander) Modified on 8/22/2006 to correct document name(Filo, Jennifer). |
| Filing 132 REPLY to Response to Motion re #124 MOTION to Require Objector Feldman to Post Appeal Bond re #123 Notice of Appeal, filed by Deborah J. Barnes. (Attachments: #1 Exhibit J-L)(Burke, Alexander) |
| Judge Nancy Gertner: Electronic ORDER entered granting #129 Motion for Leave to File Reply Memorandum on Her Motion to Require Appellant to Post Bond; 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 (Filo, Jennifer) |
| Filing 130 Local Rule 7.1 Certification re #124 MOTION to Require Objector Feldman to Post Appeal Bond re #123 Notice of Appeal, filed by Deborah J. Barnes. (Burke, Alexander) Modified on 8/9/2006 to correct docket text (Filo, Jennifer). |
| Filing 129 MOTION for Leave to File Reply Memorandum on Her Motion to Require Appellant to Post Bond by Deborah J. Barnes.(Burke, Alexander) |
| Filing 131 TRANSCRIPT ORDER ACKNOWLEDGMENT FORM received from USCA and addressed to Catherine A. Handel Transcript order form filed in USCA on 8/8/06. Transcript ordered: March 15, 2006 Settlement Hearing due by 10/10/2006. (Scalfani, Deborah) |
| Filing 128 USCA Case Number 06-2141 for #123 Notice of Appeal, filed by Nancy Feldman,. (Ramos, Jeanette) |
| Filing 127 Opposition re #124 MOTION to Require Objector Feldman to Post Appeal Bond re #123 Notice of Appeal, filed by Nancy Feldman. (Pentz, John) Additional attachment(s) added on 8/7/2006 (Patch, Christine). |
| Filing 126 Certified and Transmitted Record on Appeal to US Court of Appeals re #123 Notice of Appeal, (Attachments: #1)(Ramos, Jeanette) |
| Filing 125 MEMORANDUM in Support re #124 MOTION to Require Objector Feldman to Post Appeal Bond re #123 Notice of Appeal, filed by Deborah J. Barnes. (Burke, Alexander) |
| Filing 124 MOTION to Require Objector Feldman to Post Appeal Bond re #123 Notice of Appeal, by Deborah J. Barnes.(Burke, Alexander) |
| Filing 123 NOTICE OF APPEAL as to #121 Judgment by Nancy Feldman. $ 455 NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 8/3/2006. (Pentz, John) |
| Filing 122 Letter/request (non-motion) from Coleman M. Herman Regarding Settlement Fund. (Johnson, Jay) |
| Filing 121 Judge Nancy Gertner: FINAL JUDGMENT AND ORDER OF DISMISSAL entered. (Filo, Jennifer) |
| Case Reassigned to Judge Nancy Gertner. Judge Rya W. Zobel no longer assigned to the case. (Filo, Jennifer) |
| Notice of correction to docket made by Court staff. Correction: #120 Proposed Documen corrected because: Pleading reflects the wrong Ordering Judge.E-mail sent describing the fix. (Johnson, Jay) |
| Filing 120 Proposed Document(s) submitted by Deborah J. Barnes. Document received: Proposed Final Judgment. (Attachments: #1 Exhibit A - Opt Out List)(Burke, Alexander) |
| Filing 119 Judge Rya W. Zobel : ORDER entered. The objections raised do not warrant rejection of this fair and appropriate agreement. The objections are overruled.(Urso, Lisa) |
| Appeal Record Returned: #106 Notice of Appeal, (Ramos, Jeanette) |
| Filing 118 MANDATE of USCA as to #106 Notice of Appeal, filed by Nancy Feldman. This premature appeal is DISMISSED. (Ramos, Jeanette) |
| ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Hearing re Settlement held on 3/15/2006. (Court Reporter Catherine Handel.) (Urso, Lisa) |
| Filing 117 Defendant's Memorandum in Response by Fleet National Bank, Fleetboston Financial Corporation to #115 Response to Motion to Nancy Feldman's Supplemental Memorandum on Cy Pres Distribution. (Rutkowski, Rheba) |
| Filing 116 CERTIFICATE OF SERVICE by Deborah J. Barnes re #115 Response to Motion -- Plaintiff's Response to Supplemental Memorandum of Nancy Feldman on Cy Pres Distribution - Supplemental Certificate of Service. (Rosmarin, Yvonne) |
| Filing 115 RESPONSE to Motion re #100 MOTION for Leave to File -- Plaintiff's Response to Supplemental Memorandum of Nancy Feldman on Cy Pres Distribution filed by Deborah J. Barnes. (Rosmarin, Yvonne) |
| Filing 114 Supplemental MEMORANDUM in Opposition re #97 MOTION for Leave to File Memorandum in Excess of 20 Pages Cy Pres filed by Nancy Feldman. (Pentz, John) |
| NOTICE of Hearing: Settlement hearing set for 3/15/2006 03:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) |
| Filing 113 Letter/request (non-motion) from John Pentz responding to the 2/2/06 letter from Yvonne W. Rosmarin. (Johnson, Jay) |
| Filing 112 USCA Case Number 06-1277 for #106 Notice of Appeal, filed by Nancy Feldman,. (Ramos, Jeanette) |
| Filing 111 Letter to Lisa Urso from Colman M. Herman re: letter from Yvonne Rosmarin dated 2/2/06. (Patch, Christine) |
| Filing 110 Certified and Transmitted Record on Appeal to US Court of Appeals re #106 Notice of Appeal, (Ramos, Jeanette) |
| Filing 109 Letter/request (non-motion) from Yvonne W. Rosmarin. (Attachments: #1 Transcript#2 ECF Mandatory Filing Notice)(Johnson, Jay) |
| Filing 108 Letter/request (non-motion) from Colman Herman to Judge Gertner re: court's ruling. (Filo, Jennifer) |
| Filing 107 TRANSCRIPT of Final Fairness Hearing held on November 16, 2005 before Judge Gertner. Court Reporter: Valerie A. O'Hara. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/737-2346 or the Clerk's Office. (Scalfani, Deborah) |
| Filing 106 NOTICE OF APPEAL as to #102 Memorandum & ORDER by Nancy Feldman. $ 255 NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 2/2/2006. (Pentz, John) |
| Filing 105 Notice of Reassignment. Judge Rya W. Zobel added. Judge Nancy Gertner no longer assigned to case. (Filo, Jennifer) |
| Case Reopened. Case Reassigned to Judge Zobel. (Filo, Jennifer) |
| Filing 104 NOTICE issued to Attorney Eric Finamore regarding mandatory use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. (Filo, Jennifer) |
| Filing 103 Judge Nancy Gertner: ORDER OF RECUSAL.(Filo, Jennifer) |
| Filing 102 Judge Nancy Gertner:MEMORANDUM AND ORDER APPROVING CLASS ACTION SETTLEMENT.(Filo, Jennifer) |
| Civil Case Terminated. (Filo, Jennifer) |
| Filing 101 Letter/request (non-motion) from Joseph L. Kociubes, Esq. concerning statement at November 16, 2005 hearing. (Rutkowski, Rheba) |
| Judge Nancy Gertner : Electronic ORDER entered granting #97 Motion for Leave to File Memorandum over 20 pages, granting #100 Motion for Leave to File Supplemental Material Rebutting Certain Arguments Raised for the first time in plaintiff's memorandum in support of final approval of class action settlement by Nancy Feldman: I have allowed the supplemental material to be filed; however, since it adds little to the arguments made in open court, plaintiffs are not required to respond to it. (Gertner, Nancy) |
| Filing 100 MOTION for Leave to File Supplemental Material Rebutting Certain Arguments Raised for the first time in plaintiff's memorandum in support of final approval of class action settlement by Nancy Feldman. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Filo, Jennifer) |
| ElectronicClerk's Notes for proceedings held before Judge Nancy Gertner : Final Fairness Hearing held on 11/16/2005, objections made in open court. All matters taken under advisement, court adjourned. (Court Reporter O"Hara.) (Molloy, Maryellen) |
| Filing 99 Update of Class Member Exclusion Requests by Deborah J. Barnes. (Attachments: #1 Appendix Q)(Edelman, Daniel) Modified on 11/16/2005 to correct docket text (Filo, Jennifer). |
| Documents terminated: #96 Exhibit filed by Fleet National Bank,, Fleetboston Financial Corporation,. (Patch, Christine) |
| Notice of correction to docket made by Court staff. Correction: Document No. 96 terminated because it should have been filed as an attachment to Document No. 95 (Patch, Christine) |
| Filing 98 MEMORANDUM OF LAW by Deborah J. Barnes. (Attachments: #1 Appendix A to Fee Petition#2 Appendix B to Fee Petition#3 Appendix C to Fee Petition)(Edelman, Daniel) |
| Filing 97 MOTION for Leave to File Memorandum in Excess of 20 Pages by Deborah J. Barnes. (Attachments: #1 Appendix 1: Final Approval Memorandum#2 Appendix A to Final Approval Memo#3 Appendix B to Final Approval Memo#4 Appendix C to Final Approval Memo#5 Appendix D to Final Approval Memo#6 Appendix E to Final Approval Memo#7 Appendix F to Final Approval Memo#8 Appendix G to Final Approval Memo#9 Appendix H to Final Approval Memo#10 Appendix I to Final Approval Memo#11 Appendix J to Final Approval Memo#12 Appendix K to Final Approval Memo#13 Appendix L to Final Approval Memo#14 Appendix M to Final Approval Memo#15 Appendix N to Final Approval Memo#16 Appendix O to Final Approval Memo#17 Appendix P to Final Approval Memo)(Edelman, Daniel) |
| Filing 96 EXHIBIT re #95 Affidavit in Support of Defendants' Memorandum in Response to Objections (Exhibit A to Deirdre Martin Affidavit) by Fleet National Bank, Fleetboston Financial Corporation. (Rutkowski, Rheba) |
| Filing 95 AFFIDAVIT in Support of Defendants' Memorandum in Response to Objections (Affidavit of Deirdre Martin with Exhibits). (Rutkowski, Rheba) Additional attachment(s) added on 11/14/2005 (Patch, Christine). |
| Filing 94 AFFIDAVIT in Support of Defendants' Memorandum in Response to Objections ( Affidavit of Sujata Mouck, RSM McGladrey). (Rutkowski, Rheba) |
| Filing 93 AFFIDAVIT in Support of Defendants' Memorandum in Response to Objections (Affidavit of Joseph L. Kociubes). (Rutkowski, Rheba) |
| Filing 92 AFFIDAVIT in Support of Defendants' Memorandum in Response to Objections. (Rutkowski, Rheba) |
| Filing 91 MEMORANDUM OF LAW by Fleet National Bank, Fleetboston Financial Corporation to #87 Objection, #88 Objection, #89 Objection, #90 Objection. (Attachments: #1 Exhibits A and B#2 Exhibit C#3 Exhibit D)(Rutkowski, Rheba) |
| Filing 90 Objection to Approval of the Proposed Class-Action Settlement by David Miller. (Elefther, Elizabeth) |
| Filing 89 Objection to Approval of the Proposed Settlement Pursuant to Rule 23 of the Federal Rules of Civil Procedure by Victoria Wolfson. (Elefther, Elizabeth) |
| Filing 88 Objection to Proposed Class-Action Settlement by Colman Herman. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6)(Elefther, Elizabeth) |
| Filing 87 Objection to Class Action Settlement and Attorney's Fee Request by Nancy Feldman. (Elefther, Elizabeth) |
| E-Mail Notice re Order on motion to withdraw originally issued on 9/26/05 returned as undeliverable. Name of Addressee: Jon Hayden. Atty Hayden notified and e-mail account updated. (Hurley, Virginia) |
| Judge Nancy Gertner: ElectronicORDER entered granting #86 Motion to Withdraw as Attorney. (Filo, Jennifer) |
| Filing 86 MOTION to Withdraw as Attorney Appearance of Ann M. Burton by Deborah J. Barnes.(Burke, Alexander) |
| Filing 85 AFFIDAVIT of RSM Mcgladrey, Inc in Connection with Notice by Mailing and Notice by Publication by Fleet National Bank. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Elefther, Elizabeth) |
| Filing 84 Objection to Proposed Class Action Settlement by Margo Schlanger. (Filo, Jennifer) |
| Filing 83 Judge Nancy Gertner : ORDER Preliminarily Approving Settlement and Directing Notice to Class entered. (Filo, Jennifer) |
| Judge Nancy Gertner : Electronic ORDER entered granting #82 Motion Preliminary Approval of Class Action Settlement :I find that "the settlement, taken as a whole, is fair, reasonable and adequate" under the authority of Maywalt v. Parker Parsely Petroleum Co., 67 F. 3d 1072, 1079 (2d Cir. 1995). The settlement agreement was the product of arms-length negotiations conducted before a neutral mediator as well as between and among the parties counsel. They will produce real benefits to the class. The Settlement plainly meets the requirements of Rule 23(a) and (b)(3), Fed. R. Civ. Pro. (Gertner, Nancy) |
| Filing 82 MOTION for Preliminary Approval of Class Action Settlement Agreement by Deborah J. Barnes. (Attachments: #1 Appendix 1#2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Exhibit E#7 Exhibit F)(Burke, Alexander) |
| ELECTRONIC NOTICE of Hearing re: Fairness hearing; FAIRNESS HEARING set for 11/16/2005 02:30 PM in Courtroom 2 before Nancy Gertner. (Molloy, Maryellen) |
| Electronic Clerk's Notes for proceedings held before Judge Nancy Gertner: Status conference held 3/10/05. case reported settled; parties are preparing papers for the class action settlement approval. If necessary parties will submit motions by tuesday 3/15/05. (Court Reporter none.) (Molloy, Maryellen) |
| Filing 81 JOINT STATUS REPORT by Deborah J. Barnes, Fleet National Bank, Fleetboston Financial Corporation. (Filo, Jennifer) |
| ELELCTRONIC NOTICE of Hearing re: Preliminary approval of class settlement; Hearing set for 3/10/2005 11:00 AM in Courtroom 2 before Nancy Gertner. (Molloy, Maryellen) |
| ELECTRONIC NOTICE; parties shall submit a proposed schedule on or before 3/4/05, see dkt entry dated 1/17/05. (Molloy, Maryellen) |
| Case Reopened (Filo, Jennifer) |
| Judge Nancy Gertner : Electronic ORDER entered granting #80 Motion to Vacate Order of Dismissal. The order was entered in error. Because this is a class action, counsel and the court are obliged to follow the stricture's of Rule 23. Counsel are to file a schedule with the Court indicating when the appropriate documents will be filed. (Gertner, Nancy) |
| Filing 80 MOTION to Vacate #79 Settlement Order of Dismissal by Deborah J. Barnes.(Burke, Alexander) |
| Filing 79 Judge Nancy Gertner : ORDER entered. SETTLEMENT ORDER OF DISMISSAL (Filo, Jennifer) |
| Civil Case Terminated. (Filo, Jennifer) |
| Filing 78 REPORT of Alternative Dispute Resolution Provider. (Dambrosio, Jolyne) |
| Judge Nancy Gertner : Electronic ORDER entered granting #77 Motion for Leave to Appear Pro Hac Vice Added Daniel A. Edelman for Deborah J. Barnes (Filo, Jennifer) |
| Filing fee: $ 50.00, receipt number 61245 regarding Motion to Admit Pro Hac Vice (Filo, Jennifer) |
| Mail Returned as Undeliverable. Mail sent to Cathleen M. Coombs. (Filo, Jennifer) |
| Filing 77 MOTION for Leave to Appear Pro Hac Vice by Daniel A. Edelman by Deborah J. Barnes. (Attachments: #1 Exhibit A)(Rosmarin, Yvonne) |
| Judge Judith G. Dein : Electronic ORDER entered granting #76 Defendant's Emergency Motion to Continue Mediation. The mediation is rescheduled to 1/10/04 at 10:00 A.M. The parties' position statements shall be submitted by 1/3/05. (Dambrosio, Jolyne) |
| Filing 76 EMERGENCY MOTION on Consent to Continue Mediation Briefing and Conference by Fleet National Bank, Fleetboston Financial Corporation.(Filo, Jennifer) |
| Filing 75 NOTICE of and ORDER regarding ADR Conference: Mediation set for 12/10/2004 10:00 AM in Courtroom 15 before Magistrate Judge Judith G. Dein.(Dambrosio, Jolyne) |
| Filing 74 Judge Nancy Gertner : ORDER entered REFERRING CASE to Magistrate Judge Dein for Alternative Dispute Resolution.(Molloy, Maryellen) |
| Case Reopened. (Molloy, Maryellen) |
| Electronic Clerk's Notes for proceedings held before Judge Nancy Gertner : Status conference held; Case re-opened; ORDERED: Plf request for discovery 11/12/04; dft response 11/29/04;Further Status Conference set for 1/10/2005 03:00 PM in Courtroom 2 before Nancy Gertner. Case referred to Judge Dein for Mediation, order of reference to follow.(Court Reporter Ohara.) (Molloy, Maryellen) |
| Judge Nancy Gertner : Electronic ORDER entered granting #71 Motion for Leave to Appear Pro Hac Vice Added Alexander H. Burke for Deborah J. Barnes (Filo, Jennifer) |
| Mail Returned as Undeliverable. Mail sent to Cathleen M. Coombs (Filo, Jennifer) |
| Filing 73 RESPONSE to Motion re #70 MOTION for Leave to Conduct Discovery filed by Fleet National Bank, Fleetboston Financial Corporation. (Filo, Jennifer) |
| Filing fee: $ 50.00, receipt number 59078 regarding Motion for Admission of Alexander H. Burke Pro Hac Vice (Filo, Jennifer) |
| Filing 70 MOTION for Leave to Conduct Discovery by Deborah J. Barnes.(Filo, Jennifer) |
| Set Deadlines/Hearings: Status Conference reset from 9/29/04 to 11/10/2004 02:15 PM in Courtroom 2 before Nancy Gertner. (Molloy, Maryellen) |
| Electronic Notice Resetting STATUS CONFERENCE FROM 9/29/04 to 11/10/04 at 2:15pm before Judge Nancy Gertner in courtroom #2, 3rd floor. (Molloy, Maryellen) Modified on 9/28/2004 to add the electronic (Filo, Jennifer). |
| Filing 72 AFFIDAVIT of Alexander H. Burke re #71 MOTION for Leave to Appear Pro Hac Vice by Alexander H. Burke by Deborah J. Barnes. (Filo, Jennifer) |
| Filing 71 MOTION for Leave to Appear Pro Hac Vice by Alexander H. Burke by Deborah J. Barnes.(Filo, Jennifer) |
| ELECTRONIC NOTICE of STATUS CONFERENCE set for 9/29/2004 02:30 PM in Courtroom 2 before Nancy Gertner. (Molloy, Maryellen) |
| Filing 69 USCA Taxation of Costs in amount of $ 680.80 against Fleet National Bank, N.A.; FleetBoston Financial Corporation. Pursuant to Fed. R. App. P. 39(d)(3). The district court is directed to add this taxation of costs to the mandate issued on June 23, 2004. (Ramos, Jeanette) |
| Filing 68 JOINT MOTION that further proceedings on remand be conducted before the original Judge (District Judge Gertner) by Deborah J. Barnes, Fleet National Bank, Fleetboston Financial Corporation.(Filo, Jennifer) |
Filing 67
ORDER of USCA as to #63 Notice of Appeal filed by Deborah J. Barnes. Plaintiff/Appellant's Application for Attorney's Fees is granted. The matter of attorney's fees is remanded to the district court. (Ramos, Jeanette)
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| Filing 66 MANDATE of USCA as to #63 Notice of Appeal filed by Deborah J. Barnes. This cause came on to be heard on appeal from the United States District Court for the District of Massachusetts, and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is vacated, and the district court is directed to enter judgment for Deborah Barnes ofn the TISA and Chapter 93A claims. The matter is remanded for further proceedings to determine statutory damages and address Deborah Barnes's previously stayed motion for class certification. (Ramos, Jeanette) |
| Appeal Record Returned: #63 Notice of Appeal (Ramos, Jeanette) |
| Filing 65 USCA Judgment as to Notice of Appeal #63 filed by Deborah J. Barnes. This cause came on to be heard on appeal from the United States District Court for the District of Massachusetts, and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is vacated, and the district court is directed to enter judgment for Deborah Barns on the TISA and Chapter 93A claims. The matter is remanded for further proceedings to determine statutory damages and address Deborah Barnes's previously stayed motion for class certification. (Ramos, Jeanette) |
| Transmitted supplemental record on appeal: re: [63-1] appeal Document numbers: 64 (jr) |
| Filing 64 Transcript of proceedings for hearing on cross-motions for summary judgment held on proceeding date: May 24, 2002 before Judge: Gertner. Court Reporter: Harold Hagopian (jf) |
| US Court of Appeals Case Number assigned to [63-1] appeal: USCA NUMBER: 03-1027. (jr) |
| Transmitted supplemental record on appeal: re: [63-1] appeal Document numbers: filing fee paid receipt (jr) |
| Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [63-1] appeal. (jr) |
| Appeal Filing Fee Paid. Receipt #: 44102; Amount:$ 105.00. (jf) |
| Filing 63 Notice of appeal by Deborah J. Barnes filed. Appealing: [62-1] judgment order . Appeal record due on 1/11/03 (jf) |
| Judge Nancy Gertner . Endorsed Order entered mooting [37-1] motion to strike [25-1] portions of affidavit of Richard L. Buttermore, [23-1] statement of Undisputed facts . cc/cl. [EOD Date 12/18/02] (mlb) |
| Filing 62 Judge Nancy Gertner . Judgment entered for Fleet National Bank, Fleetboston Fin. against Deborah J. Barnes. "For the reasons set forth in the accompanying Memorandum and Order, the defendants' motion for summary judgment [docket entry #22] is GRANTED and the plaintiffs' cross motions for summary judgment [docket entries #32 and #56] are DENIED. Judgment for DEFENDANT. SO ORDERED." cc:cl [EOD Date 12/2/02] (jf) |
| Filing 61 Judge Nancy Gertner. Memorandum and Order entered. "For the above stated reasons, I GRANT the summary judgment motions of defendants Fleet and FleetBoston in their entirety and DENY summary judgment to plaintiff Barnes. SO ORDERED." cc:cl [EOD Date 12/2/02] (jf) |
| Judge Nancy Gertner . Endorsed Order entered granting [22-1] defendants' motion for summary judgment. cc:cl [EOD Date 12/2/02] (jf) |
| Judge Nancy Gertner . Endorsed Order entered denying [32-1] plaintiff's cross motion for summary judgment. cc:cl [EOD Date 12/2/02] (jf) |
| Case closed. (jf) |
| Judge Nancy Gertner . Endorsed Order entered denying [56-1] plaintiff's cross motion for partial summary judgment on Count II. cc:cl [EOD Date 12/2/02] (jf) |
| Filing 60 Judge Nancy Gertner . Clerk's Notes: re: Motion hearing held on motion and cross-motion for summary judgment. Motions taken under advisement. Court Reporter: Harold Hagopian (jf) |
| Motion hearing re: [56-1] cross motion for partial summary judgment on Count II Motion hearing held, [32-1] cross motion for summary judgment Motion hearing held (jf) |
| Filing 59 Response by Fleet National Bank, Fleetboston Fin. in opposition to [56-1] cross motion for partial summary judgment on Count II, filed. c/s (jf) |
| Filing 58 Judge Nancy Gertner . Notice of Hearing/conference: Motion hearing set for 2:30 5/24/02 for [56-1] cross motion for partial summary judgment on Count II, set for 2:30 5/24/02 for [32-1] cross motion for summary judgment . Notice sent to counsel. (jf) |
| Filing 57 Letter by Yvonne W. Rosmarin dated: 5/1/02 to: Clerk re: confirmation of motion hearing date being rescheduled to 5/24/02 at 2:30, filed. (jf) |
| Filing 56 Cross motion by Deborah J. Barnes for partial summary judgment on Count II , filed. c/s (jf) |
| #56 to chambers on 5-2. (mcm) |
| Filing 55 Amended complaint by Deborah J. Barnes filed. (Answer due 3/4/02 for Fleetboston Fin., for Fleet National Bank ) . Amended complaint amends [1-1] complaint. (jf) |
| Judge Nancy Gertner. Endorsed Order entered granting [52-1] motion to amend [1-1] complaint. cc:cl [EOD Date 2/22/02] (jf) |
| Filing 54 Letter by Fleet National Bank, Fleetboston Fin. by Joseph L. Kociubes dated: 2/7/02 to: Judge Gertner re: decision of the US Court of Appeals for the Thurd Circuit, filed. (sent to chambers) (jf) Modified on 02/11/2002 |
| Filing 53 Letter by Deborah J. Barnes by Anne M. Burton dated: 1/30/02 to: Judge Gertner re: opinion from the US Court of Appeals for the Third Circuit, filed. sent to chambers. (jf) |
| Filing 52 Unopposed Motion by Deborah J. Barnes to amend [1-1] complaint , filed. c/s (amended complaint attached) (jf) |
| Filing 51 Reply Memorandum by Deborah J. Barnes in support of [32-1] cross motion for summary judgment, filed. c/s (jf) |
| Judge Nancy Gertner. Endorsed Order entered granting [50-1] motion for leave to file in excess of 20 pages. cc:cl Date 1/17/02] (jf) |
| Document's 49 and 51 sent to chambers. (jf) |
| Filing 50 Motion by Deborah J. Barnes for leave to file in excess of 20 pages , filed. c/s (jf) |
| Filing 49 Reply/response by Deborah J. Barnes to [43-1] objections to and motion to strike evidence proffered by plaintiff in opposition to defendants' motion for summary judgment and in support of plaintiff's cross-motion for partial summary judgment and in support of plaintiff's motion to strike , filed. c/s (jf) |
| Filing 48 Judge Nancy Gertner . Notice of Hearing/conference: Motion hearing set for 2:00 3/21/02 for [32-1] cross motion for summary judgment, set for 2:00 3/21/02 for [22-1] motion for summary judgment . Notice sent to counsel. (jf) |
| Judge Nancy Gertner. Endorsed Order entered granting [26-1] motion to dismiss count II without prejudice. cc:cl [EOD Date 12/14/01] (jf) |
| Document #'s 37 (motion to strike) and 42 (resp in opp) sent to chambers. (jf) Modified on 12/13/2001 |
| Filing 47 Affidavit of William Michael McDermott, filed. (jf) |
| Filing 46 Affidavit of Fleet National Bank, Fleetboston Fin. of William Michael McDermott, filed. (jf) |
| Filing 45 Affidavit of Fleet National Bank, Fleetboston Fin. of Rheba Rutkowski, re: errata sheet for transcript of deposition of Buttermore, filed. (jf) |
| Filing 44 Reply Memorandum by Fleet National Bank, Fleetboston Fin. in support of [22-1] motion for summary judgment and memorandum in opposition to plaintiff's cross-motion for partial summary judgment, filed. c/s (jf) |
| Filing 43 Objections to and Motion to strike evidence proferred by plaintiff in opposition to defendants' motion for summary judgment and in support of plaintiff's cross-motion for partial summary judgment by Fleet National Bank, Fleetboston Fin. re: [33-1] opposition memorandum, filed. c/s (jf) |
| Filing 42 Response by Fleet National Bank, Fleetboston Fin. in opposition to [37-1] motion to strike [25-1] portions of affidavit of Richard L. Buttermore, [23-1] statement of Undisputed facts, filed. c/s (jf) |
| Judge Nancy Gertner. Endorsed Order entered granting [41-1] motion to extend time to 1/16/02 to file reply in support of Cross-Motion for Summary Judgment. cc:cl [EOD Date 12/5/01] (jf) |
| Filing 41 Motion by Deborah J. Barnes to extend time to 1/16/02 to file reply in support of Cross-Motion for Summary Judgment , filed. c/s (jf) |
| Judge Nancy Gertner. Endorsed Order entered granting [40-1] defendants' motion to extend time to 12/10/01 to file response papers. cc:cl [EOD Date 11/21/01] (jf) |
| Filing 40 Assented to Motion by Fleet National Bank, Fleetboston Fin. to extend time to 12/10/01 to file response papers , filed. c/s (jf) |
| Judge Nancy Gertner. Endorsed Order entered granting [38-1] motion for leave to file in excess of 20 pages. cc:cl [EOD Date 11/15/01] (jf) |
| Filing 39 Appendix/exhibits by Deborah J. Barnes in support of [32-1] cross motion for summary judgment, filed. c/s (jf) |
| Filing 38 Motion by Deborah J. Barnes for leave to file in excess of 20 pages , filed. c/s (jf) |
| Filing 37 Motion by Deborah J. Barnes to strike [25-1] portions of affidavit of Richard L. Buttermore, [23-1] statement of Undisputed facts , filed. c/s (jf) |
| Filing 36 Statement of Material Facts as to which there exists a genuine issue by Deborah J. Barnes re: [22-1] motion for summary judgment, filed. c/s (jf) |
| Filing 35 Statement of Facts by Deborah J. Barnes re: [32-1] cross motion for summary judgment, filed. c/s (jf) |
| Filing 34 Affidavit of Deborah J. Barnes, re: [33-1] support memorandum, [33-1] opposition memorandum, filed. (jf) |
| Filing 33 Memorandum by Deborah J. Barnes in support of [32-1] cross motion for summary judgment, filed. c/s (jf) |
| Filing 32 Cross motion by Deborah J. Barnes for summary judgment , filed. c/s (jf) |
| Filing 31 Reply by Deborah J. Barnes to response to [26-1] motion to dismiss count II without prejudice, filed. c/s. (jf) |
| Judge Nancy Gertner . Endorsed Order entered granting [29-1] motion for leave to file Memorandum on her Motion to Dismiss Count II. cc:counsel of record. [EOD Date 9/26/01] (jf) |
| Judge Nancy Gertner . Endorsed Order entered granting [30-1] motion to extend briefing schedule and Joint Motion to Allow Replies.....extension to 11/9/01 for plaintiff to conduct limited discovery on Defendants' Motion for Summary judgment, 11/13/01 for plaintiff to file opposition to defendants' motion for summary judgment, defendants file their reply by 11/26/01 and plaintiff file her reply to defendants' opposition to her anticipated summary judgement by 12/10/01. cc:counsel of record. [EOD Date 9/26/01] (jf) |
| Filing 29 Motion by Deborah J. Barnes for leave to file Memorandum on her Motion to Dismiss Count II filed. c/s. (jf) |
| Filing 30 Assented to Motion by Deborah J. Barnes to extend briefing schedule and Joint Motion to Allow Replies , filed. c/s. (jf) |
| Filing 28 Response by Fleet National Bank, Fleetboston Fin. in opposition to [26-1] motion to dismiss count II without prejudice, filed. c/s. (jf) |
| Filing 27 Memorandum by Deborah J. Barnes in support of [26-1] motion to dismiss count II without prejudice, filed. c/s. (jf) |
| Filing 26 Motion by Deborah J. Barnes to dismiss count II without prejudice , filed. c/s. (jf) |
| Filing 25 Affidavit of Richard L. Buttermore, re: [22-1] motion for summary judgment, filed. (jf) |
| Filing 24 Memorandum by Fleet National Bank, Fleetboston Fin. in support of [22-1] motion for summary judgment, filed. c/s. (jf) |
| Filing 23 Statement of Facts by Fleet National Bank, Fleetboston Fin. re: [22-1] motion for summary judgment, filed. c/s. (jf) |
| Filing 22 Motion by Fleet National Bank, Fleetboston Fin. for summary judgment , filed. c/s. (jf) |
| Filing 21 Judge Nancy Gertner . Scheduling Order entered setting: defendants shall file motion for summary judgment by 7/26/01, plaintiff may conduct discovery limited to issues in motion for summary judgment between 7/27/01 and 9/30/01, plaintiff shall file opposition to motion for summary judgment by 10/1/01 cc:counsel of record.[EOD Date 7/23/01] (jf) |
| Proposed Scheduling order by Deborah J. Barnes, Fleet National Bank, Fleetboston Fin. received for filing. (jf) |
| Filing 20 Judge Nancy Gertner . Clerk's Notes: re: 16.B conference mooting [6-1] motion to certify class action mooting [11-1] motion to stay determination of class certification; Defendant will move (file motions) for Summary Judgment by 7/26/01; plaintff shall file response in opposition by 10/1/01 and or Rule 56 Response/or Rule 56(F) Response. Counsel shall submit a "new scheduling order" forthwith. All other Discovery is stayed, except discovery relevant to summary judgment motion. Court Reporter: none (jf) |
| Status conference held . (jf) |
| Judge Nancy Gertner . Endorsed Order entered staying [6-1] motion to certify class action......as stated at conference held on 7/12/01. cc:counsel of record. [EOD Date 7/13/01] (jf) Modified on 07/19/2001 |
| Judge Nancy Gertner . Endorsed Order entered mooting [11-1] motion to stay determination of class certification......as stated at conference held on 7/12/01. cc:counsel of record [EOD Date 7/13/01] (jf) |
| Judge Nancy Gertner . Endorsed Order entered granting [17-1] motion for Alan S. Kaplinsky to appear pro hac vice fee status: pd fee amt: 50.00 Receipt #: 32205 Added Alan S. Kaplinsky. cc:counsel of record [EOD Date 7/10/01] (jf) |
| Filing 19 Notice of appearance of attorney for Fleet National Bank, Fleetboston Fin. by Rheba Rutkowski and Joseph L. Kociubes, filed. c/s. (jf) |
| Filing 18 Certificate of Good Standing by Attorney Alan S. Kaplinsky, filed. (jf) |
| Filing 17 Assented Motion by Fleet National Bank, Fleetboston Fin. for Alan S. Kaplinsky to appear pro hac vice fee status: pd fee amt: 50.00 Receipt #: 32205 , filed. c/s. (jf) |
| Filing 16 Rule 16.1 Certification filed by Deborah J. Barnes.c/s. (jf) |
| Filing 15 Rule 16.1 Certification filed by Fleet National Bank, Fleetboston Fin. c/s . (jf) |
| Filing 14 Joint statement by Deborah J. Barnes, Fleet National Bank, Fleetboston Fin. , re: Local Rule 16.1, filed. (jf) |
| Filing 13 Judge Nancy Gertner . Notice of Hearing/conference: set scheduling conference for 2:30 7/12/01 . (jf) |
| Filing 12 Answer by Fleet National Bank, Fleetboston Fin. to complaint; jury demand, filed. (eaf) |
| Judge Nancy Gertner . Endorsed Order entered granting [2-1] motion for Anne M. Burton to appear pro hac vice fee status: pd fee amt: 50.00 Receipt #: 29627 Added . [EOD Date 5/3/01] (eaf) Modified on 07/16/2001 |
| Text not available. |
| Judge Nancy Gertner . Endorsed Order entered granting [3-1] motion for Cathleen Combs to appear pro hac vice fee status: pd fee amt: 50.00 Receipt #: 29627 Added Cathleen M. Coombs, Anne M. Burton . [EOD Date 5/2/01] (eaf) |
| Filing 11 Motion by Fleet National Bank, Fleetboston Fin. to stay determination of class certification , filed. (eaf) |
| Judge Nancy Gertner . Endorsed Order entered granting [10-1] stipulation motion to extend time to 5/4/01 to respond to complaint . [EOD Date 4/12/01] cc: all counsel of record. (eaf) |
| Motion to extend time #10 sent to chambers (fmr) |
| Filing 10 STIPULATION (Motion) by Deborah J. Barnes, Fleet National Bank, Fleetboston Fin. , to extend time to 5/4/01 to respond to complaint , filed. (fmr) |
| Filing 9 Notice of appearance of attorney for Fleet National Bank, Fleetboston Fin. by Jon E. Hayden, filed. (fmr) |
| Filing 8 Appendix/exhibits by Deborah J. Barnes in support of [7-1] support memorandum , filed. (fmr) |
| Filing 7 Memorandum by Deborah J. Barnes in support of [6-1] motion to certify class action , filed. (fmr) |
| Filing 6 Motion by Deborah J. Barnes to certify class action , filed. (fmr) |
| Filing 5 Return of service executed as to Fleet National Bank with service on 3/15/01 filed. Answer due on 4/4/01 for Fleet National Bank (fmr) |
| Filing 4 Return of service executed as to Fleetboston Fin. with service on 3/15/01 filed. (fmr) |
| Motions for pro hac sent to chambers (fmr) |
| Filing 3 Motion by Deborah J. Barnes for Cathleen Combs to appear pro hac vice fee status: pd fee amt: 50.00 Receipt #: 29627 , filed. Motions received for docketing on 3/20/01 for accounting (fmr) |
| Filing 2 Motion by Deborah J. Barnes for Anne M. Burton to appear pro hac vice fee status: pd fee amt: 50.00 Receipt #: 29627 , filed. (fmr) Modified on 07/16/2001 |
| Filing 1 Complaint filed. Case assigned to Judge: Gertner. Receipt #: 29222 Amount:$ 150.00. Fee Status: pd (fmr) |
| Summons issued for Fleet National Bank, Fleetboston Fin. (fmr) |
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