Toscano v. Fleet Boston Financial
| Filippo Toscano |
| Fleet Boston Financial |
| Judge Morris E. Lasker |
| 1:2004cv12474 |
| November 22, 2004 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Douglas P Woodlock |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 30 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 29 Transcript of Status Conference held on September 16, 2008, before Judge Woodlock. Court Reporter: Diane M. Molas at 267/977-2909. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 8/17/2009. Redacted Transcript Deadline set for 8/25/2009. Release of Transcript Restriction set for 10/23/2009. (Scalfani, Deborah) |
| Filing 28 STIPULATION of Dismissal with Prejudice by Filippo Toscano, Fleet Boston Financial. (Kokodis, Alice) |
| Filing 27 Judge Douglas P. Woodlock: ORDER entered. 30 DAY SETTLEMENT ORDER OF DISMISSAL. (Lovett, Jarrett) |
| Civil Case Terminated. (Lovett, Jarrett) |
| Filing 26 REPORT of Alternative Dispute Resolution Provider (Clarke, Barbara) |
| Senior Judge Morris E. Lasker: Electronic ORDER entered granting #25 Motion to Continue mediation. (Folan, Karen) |
| Filing 25 Amended Joint MOTION to Continue mediation by Fleet Boston Financial.(Kokodis, Alice) Related document #24 . Modified text on 9/23/2008 (Seelye, Terri). |
| NOTICE of ADR Conference - The Alternative Dispute Resolution Hearing set for 10/27/08 is CANCELLED and RESCHEDULED for 11/10/2008 at 10:30 AM in Courtroom 8 before Senior Judge Morris E. Lasker. Counsel and principals are directed to be present and have full settlement authority. A brief mediation memoranda should be submitted by hand or mail no later than seven (7) BUSINESS days prior to the mediation and marked Confidential - Not for Docketing. In the event that you believe the case is not ripe for mediation at this time, or the date poses a conflict, counsel are to notify opposing counsel and file with Judge Lasker an assented to motion to continue the mediation as soon as possible.(Clarke, Barbara) |
| Filing 24 Joint MOTION to Continue Mediation by Fleet Boston Financial.(Kokodis, Alice) Modified to term motion; amended motion filed #25 on 9/23/2008 (Seelye, Terri). |
| NOTICE of ADR Conference Alternative Dispute Resolution Hearing set for 10/27/2008 at 10:30 AM in Courtroom 8 before Senior Judge Morris E. Lasker. Counsel and principals are directed to be present and have full settlement authority. A brief mediation memoranda should be submitted by hand or mail no later than seven (7) BUSINESS days prior to the mediation and marked Confidential - Not for Docketing. In the event that you believe the case is not ripe for mediation at this time, or the date poses a conflict, counsel are to notify opposing counsel and file with Judge Lasker an assented to motion to continue the mediation as soon as possible. (Clarke, Barbara) |
| ELECTRONIC NOTICE of assignment to ADR Provider. The Honorable Morris E. Lasker appointed. The Court will contact counsel with regard to scheduling. (Franklin, Yvonne) |
| Filing 23 Judge Douglas P. Woodlock: ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(Lovett, Jarrett) |
| Electronic Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status Conference held on 9/16/2008: Parties unable to settle; Court will refer this matter to ADR program, atty Perry is to continue assistance on behalf of the pltff; no further answer shall be filed by the deft until completion of the ADR program; Court GRANTS #16 Motion for Reconsideration ; DENIES #17 Motion to Dismiss for reasons as stated on the record and reflected in the stenographer's notes. (Court Reporter: Diane Molas)(Attorneys present: Perry & Kokodis) (Lovett, Jarrett) |
| Filing 22 STATUS REPORT by Fleet Boston Financial. (Kokodis, Alice) |
| ELECTRONIC NOTICE of Hearing : Status Conference set for 9/16/2008 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. By 9/9/08, the parties shall file a JOINT STATUS REPORT indicating the current status of the case, including discovery proceedings, settlement discussions, pending or contemplated motions, proposed dates for pretrial conferences and for trial, and any other matters which should be addressed at the further conference. (Lovett, Jarrett) |
| Filing 21 NOTICE of Appearance by Edward N. Perry on behalf of Filippo Toscano. (Seelye, Terri) |
| Judge Douglas P. Woodlock: Electronic ORDER entered: The Court has appointed Attorney Perry to represent the plaintiff in settlement discussions. The Court encourages the parties to engage in meaningful settlement discussions. The parties shall attend a status conference at the Court on September 16, 2008, at 2:30pm in Courtroom #1. Counsel or parties attending this status conference shall have settlement authority. If settlement discussions are unsuccessful, the Court will later set a date for the filing of oppositions to pending motions and will set a discovery schedule. (PSSA, 1) |
| Filing 20 Judge Douglas P. Woodlock: ORDER entered. Order Appointing Pro Bono Counsel. There being sufficient cause to exercise the discretionary power of the Court to appoint counsel, it is ORDERED that Edward N. Perry, Esq. is appointed to represent the plaintiff for purposes of settlement discussions only. (PSSA, 3) |
| Filing 19 Opposition re #17 defendant's MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Filippo Toscano. (Attachments: #1 Medical Records (FILED UNDER SEAL))(Seelye, Terri) |
| Judge Douglas P. Woodlock: Electronic ORDER entered. Because the Pro Bono Coordinator is searching for pro bono counsel for the plaintiff, this case is stayed until July 15, 2008 or until further order of the Court. The Court will later set a due date for the filing of oppositions to the pending motion for reconsideration #16 and to dismiss #17 . The Pro Bono Coordinator shall, no later than July 15, 2008, report to the Court the results of efforts to find pro bono counsel for the plaintiff. (PSSA, 3) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by Fleet Boston Financial. (Kokodis, Alice) |
| Filing 17 MOTION to Dismiss Pursuant to Rule 12(b)(6) by Fleet Boston Financial. (Attachments: #1 Memorandum of Law, #2 Exhibit A, #3 Exhibit B)(Kokodis, Alice) Modified text on 5/9/2008 (Seelye, Terri). |
| Filing 16 MOTION for Reconsideration re #11 for reinstatement of Long Term Disability by Filippo Toscano.(Seelye, Terri) (Additional attachment(s) added on 5/7/2008: #1 Exhibits) |
| Filing 15 US Marshal Process Receipt and Return for Summons & Complaint. Fleet Boston Financial served on 4/18/08. (Seelye, Terri) |
| Filing 14 Judge Douglas P. Woodlock: ORDER entered, directing the issuance of summons and service by the US Marshal, limiting the case to employment discrimination claims, and informing the plaintiff that court's pro bono coordinators will try to find pro bono counsel for him. (PSSA, 3) |
| Summons Issued as to Fleet Boston Financial and mailed to plaintiff with Local Rule 4.1, and forms and instructions for service by US Marshal. (PSSA, 3) |
| Filing 13 Statement in RESPONSE TO ORDER TO SHOW CAUSE by Filippo Toscano. (Attachments: #1 Exhibits)(Seelye, Terri) |
| Filing 12 Supplemental Record on Appeal transmitted to US Court of Appeals re #6 Notice of Appeal, Documents included: Exhibits 1-11 & Cassette Tape (Ramos, Jeanette) |
| Filing 11 Judge Douglas P. Woodlock: ORDER entered. MEMORANDUM AND ORDER. Accordingly, it is hereby ORDERED that: (1) The Clerk reopen this case. (2) The claims of the second complaint (docket entry #4), in which the plaintiff claims that his long-term disability benefits were wrongfully terminated, be dismissed. (3) If the plaintiff wishes to pursue the employment discrimination claims set forth in the original complaint (docket entry #2), he must, within thirty-five (35) days of the date of this Memorandum and Order, submit to the Court a statement in which he informs the Court: (a) whether he filed a charge of employment discrimination against Fleet with the MCAD or the EEOC, and the date of any such filing; (b) the nature of any such charges (i.e., whether he alleged discrimination based on national origin, age, disability, or any other basis); (3) whether he received a right to sue letter from the EEOC, and the date of any such letter; and (4) whether he commenced an employment discrimination action against Fleet in any state court, and the case number and court of any such action. If the plaintiff did not file a timely charge of discrimination with the MCAD or EEOC, then he must submit a statement explaining why he failed to do so. Failure to respond to this directive may result in dismissal of this case. Any statement submitted in response to this directive should be titled "Statement in Response to Show Cause Order."(PSSA, 3) |
| Set/Reset Deadlines: Show Cause Response due by 3/7/2008. (PSSA, 3) |
| Notice of correction to docket made by Court staff. Correction: Mandate document #10 corrected because: it was meant to be docketed as a Judgment (Ramos, Jeanette) |
| Filing 10 JUDGMENT of USCA as to #6 Notice of Appeal, filed by Filippo Toscano. Upon consideration of appellant's motion, it is hereby ordered that this appeal be voluntarily dismissed. Judgment issued in the USCA 10/23/2007 (Ramos, Jeanette) Modified on 11/19/2007 (Ramos, Jeanette). |
| Filing 9 Letter/request (non-motion) from F. Toscano. (Attachments: #1 Exhibit)(Nici, Richard) |
| Filing 8 USCA Case Number 07-2406 for #6 Notice of Appeal, filed by Filippo Toscano. (Ramos, Jeanette) |
| Filing 7 Certified and Transmitted Record on Appeal to US Court of Appeals re #6 Notice of Appeal, (Attachments: #1)(Ramos, Jeanette) |
| Filing 6 NOTICE OF APPEAL as to #5 Memorandum & ORDER, by Filippo Toscano 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 9/10/2007. Exhibits not scanned due to volume.(Nici, Richard) |
| Filing 5 Judge Douglas P. Woodlock : ORDER entered. MEMORANDUM AND ORDER. Plaintiff's claims are subject to dismissal under 28 U.S.C. s 1915(e)(2) within thirty-five (35) days of the date of this Memorandum and Order unless plaintiff demonstrates good cause before that time, in writing, as to why this action should not be dismissed for the reasons stated above. (PSSA, 3) |
| Set/Reset Deadlines: Show Cause Response due by 9/10/2007. (PSSA, 3) |
| Filing 4 AMENDED COMPLAINT against Fleet Boston Financial, filed by Filippo Toscano forwarded for consideration.(Jenness, Susan) |
| Filing 3 Judge Douglas P. Woodlock : ORDER entered granting #1 Motion for Leave to Proceed in forma pauperis. The application to proceed without prepayment of fees is GRANTED. The Clerk shall return the complaint to the undersigned for screening on the merits pursuant to 28 U.S.C. s 1915(e)(2) and summonses shall NOT issue pending the completion of screening on the merits. (JMC) |
| Filing 2 COMPLAINT against Fleet Boston Financial Filing fee: $ 0.00, receipt number 0.00, filed by Filippo Toscano.(Jenness, Susan) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Filippo Toscano.(Jenness, Susan) |
| 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 Cohen. (Jenness, Susan) |
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