Devine et al v. Town of West Newbury, Massachusetts et al
| Pro Se Party Kristi L. Devine, Michael P. Devine, M. Tucker Devine, Erin Devine, Kayleen Devine and Kelly Devine |
| Town of West Newbury, Massachusetts, John Dennis, Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Jocelyn Mackey, Steve Paradeso, Beth Paradeso, Dale Waring and Tracey Blais |
| Gerald Foster, Barbara Foster, Paul Carroll and Sydney Foster |
| Robert B. Collings |
| 1:2007cv11720 |
| September 14, 2007 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Essex |
| Nancy Gertner |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on July 2, 2010. A more recent docket listing may be available from PACER.
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| DOCKET SHEET sent to Kelly Lee Hannon (Patch, Christine) |
| Filing 124 Sealed Letter. (Patch, Christine) Modified on 7/12/2010 (Patch, Christine). |
| Filing 123 MANDATE of USCA as to #120 Notice of Appeal, filed by All Plaintiffs. Appeal #120 Terminated. Mandate issued in the USCA 4/16/2010 (Ramos, Jeanette) |
| Filing 122 USCA Judgment as to #120 Notice of Appeal, filed by All Plaintiffs. A review of the district court docket does not reflect the payment of the filing fees nor the filing of a request for in forma pauperis status. This appeal is, therefore, dismissed for lack of prosecution pursuant to Local Rule 3.0(b). Judgment issued in the USCA 3/25/2010 (Ramos, Jeanette) |
| Filing 121 Certified and Transmitted Full Record on Appeal to US Court of Appeals re #120 Notice of Appeal, (Attachments: #1 docket sheet)(Ramos, Jeanette) |
| USCA Case Number 09-2488 for #120 Notice of Appeal, filed by All Plaintiffs. (Ramos, Jeanette) |
| Motions terminated: #119 MOTION for Leave to Appeal filed by All Plaintiffs. This is a Notice of Appeal, not a motion. (Gaudet, Jennifer) |
| Filing 120 NOTICE OF APPEAL as to Electronic Order on Motion for Reconsideration by All Plaintiffs. 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 11/2/2009. (Gaudet, Jennifer) |
| Filing 119 MOTION for Leave to Appeal by All Plaintiffs.(Devine, Kristi) |
| Filing 118 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 117 Transcript of Motion Hearing held on October 14, 2008, before Judge Dein. 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 10/26/2009. Redacted Transcript Deadline set for 11/5/2009. Release of Transcript Restriction set for 1/4/2010. (Scalfani, Deborah) (Additional attachment(s) added on 10/8/2009: #1 Transcript) (Scalfani, Deborah). |
| Judge Nancy Gertner: Electronic ORDER entered denying #108 Motion for Reconsideration. (Gertner, Nancy) |
| Judge Nancy Gertner: Electronic ORDER entered denying #110 Motion for Reconsideration. (Gertner, Nancy) |
| Filing 116 REPLY to Response to #108 MOTION for Reconsideration re #107 Judgment, #106 Order on Motion for Summary Judgment, Order on Motion to Dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Affidavit Re new evidence and information)(Devine, Kristi) |
| Filing 115 NOTICE by All Plaintiffs Exhibits for document 110 (Attachments: #1 Exhibit 6 A part I, #2 Exhibit 6 A part II, #3 Exhibit 6A part III, #4 Exhibit 6A part IV, #5 Exhibit F part I, #6 Exhibit F part II, #7 Exhibit F part III, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Devine, Kristi) |
| Filing 114 Opposition re #110 MOTION for Reconsideration re #108 MOTION for Reconsideration re #107 Judgment, #106 Order on Motion for Summary Judgment, Order on Motion to Dismiss, #107 Judgment, #109 Memorandum in Support of Motion, #106 Order on Motion for Summary Judgment Opposition re #110 Motion filed by Beth Paradeso. (Beatrice, Thomas) |
| Filing 113 MEMORANDUM in Support re #110 MOTION for Reconsideration re #108 MOTION for Reconsideration re #107 Judgment, #106 Order on Motion for Summary Judgment, Order on Motion to Dismiss, #107 Judgment, #109 Memorandum in Support of Motion, #106 Order on Motion for Summary Judgment filed by All Plaintiffs. (Attachments: #1 Affidavit in support of Motion for Relief from ORDER dated July 13, 2009)(Devine, Kristi) |
| Filing 112 Opposition re #108 MOTION for Reconsideration re #107 Judgment, #106 Order on Motion for Summary Judgment, Order on Motion to Dismiss filed by Jocelyn Mackey, Dale Waring. (Turgeon, Roger) |
| Filing 111 Opposition re #108 MOTION for Reconsideration re #107 Judgment, #106 Order on Motion for Summary Judgment, Order on Motion to Dismiss, #110 MOTION for Reconsideration re #108 MOTION for Reconsideration re #107 Judgment, #106 Order on Motion for Summary Judgment, Order on Motion to Dismiss, #107 Judgment, #109 Memorandum in Support of Motion, #106 Order on Motion for Summary Judgment filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Town of West Newbury, Massachusetts, John Dennis. (Levenson, Judy) |
| Filing 110 MOTION for Reconsideration re #107 Judgment, by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Devine, Kristi) Modified on 8/12/2009 (Gaudet, Jennifer). |
| Filing 109 MEMORANDUM in Support re #108 MOTION for Reconsideration re #107 Judgment, #106 Order on Motion for Summary Judgment, Order on Motion to Dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2 part 1, #3 Exhibit 2 part 2, #4 Exhibit 3 part 1, #5 Exhibit 3, #6 Exhibit 3 part 3)(Devine, Kristi) |
| Filing 108 MOTION for Reconsideration re #106 Order on Motion for Summary Judgment, Order on Motion to Dismiss by All Plaintiffs. (Attachments: #1 Affidavit of Kristi Devine)(Devine, Kristi) Modified on 8/12/2009 (Gaudet, Jennifer). |
| Filing 107 Judge Nancy Gertner: ORDER entered; JUDGMENT in favor of defendants against plaintiffs.(Gaudet, Jennifer) |
| Judge Nancy Gertner: Electronic ORDER entered denying #89 Emergency Motion to Expedite Preliminary Injunction by All Plaintiffs. "For the reasons stated in the Court's July 31, 2008 Order #71 , its April 21, 2009 Electronic Order, and its Summary Judgment Memorandum and Order #106 , the Plaintiffs' Motion for a Preliminary Injunction is DENIED. The Court refuses to expand this wide-ranging lawsuit to encompass new claims; moreover, having rejected all previous claims in this action, the motion for a preliminary injunction is moot." (Gaudet, Jennifer) |
| Judge Nancy Gertner: Electronic ORDER entered denying #102 Motion for Sanctions, Costs, Expenses, and Attorney's Fees by Gerald Foster, Barbara Foster, Paul Carroll, Sydney Foster. (Gaudet, Jennifer) |
| Filing 106 Judge Nancy Gertner: Corrected Memorandum and Order entered granting #72 Motion for Summary Judgment; denying #79 Motion to Dismiss.(GAM) Modified on 7/22/2009 change to opinion (Gaudet, Jennifer). |
| Notice of correction to docket made by Court staff. NOTE TO COUNSEL: Please disregard Memorandum and Order entered this day - entered in error - Corrected Version to follow (Flaherty, Elaine) |
| Filing 105 Opposition re #102 MOTION for Sanctions filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Devine, Kristi) |
| Filing 104 AFFIDAVIT of Sydney Foster in Support re #102 MOTION for Sanctions, Costs, Expenses, and Attorney's Fees. (Gaudet, Jennifer) |
| Filing 103 MEMORANDUM in Support re #102 MOTION for Sanctions, Costs, Expenses, and Attorney's Fees filed by Gerald Foster, Barbara Foster, Paul Carroll, Sydney Foster. (Gaudet, Jennifer) |
| Filing 102 MOTION for Sanctions, Costs, Expenses, and Attorney's Fees by Gerald Foster, Barbara Foster, Paul Carroll, Sydney Foster. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudet, Jennifer) |
Judge Nancy Gertner: Electronic ORDER entered denying #94 Motion to Amend Complaint and Reconsideration to Add Defendants Pursuant to Rule 60 (b) by All Plaintiffs. "The plaintiffs' Motion to Amend or for Reconsideration #94 is DENIED. The plaintiffs previously sought to add exactly the same defendants in a motion to amend that was rejected, after thorough consideration, by Judge Dein in her October 15, 2008 Order (document # 87). See also July 30, 2008 Order (document # 71) (addressing the state housing court litigation that the plaintiffs now seek to incorporate in this lawsuit). The reasons stated by Judge Dein remain persuasive, even in light of the newest events and allegations of conspiracy that the plaintiffs now seek to add to this case. The lawsuit already involves more than 15 defendants -- including plaintiffs' previous neighbors, West Newbury town officials, and town police officers -- and some 25 separate claims relating to Kristi Devine's long-running property dispute with Jocelyn Mackey, Devine's subsequent arrests, and her wide-ranging allegations of conspiracy. As before, the Court will not permit the plaintiffs "to bring into one civil action such a complex array of claims and parties as results when multiple incidents involving different parties are allowed to proceed in one case." October 15, 2008 Order at 2 (citing Seaver v. Manduco, 178 F.Supp.2d 30, 39 (D.Mass. 2002)). The events involved in this lawsuit cannot be an ever-expanding universe; Devine's claim of a civil rights conspiracy will be amply tested by the allegations and parties already in the case and currently presented in the pending Motion for Summary Judgment #72 . Pursuant to its discretion under Fed.R.Civ.P. Rule 15(a), the Court declines to permit the amendment and DENIES the plaintiffs' Motion to Amend or for Reconsideration #94 ." (Gaudet, Jennifer)
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| Filing 101 AFFIDAVIT re #99 Opposition to Motion by Barbara Foster. (Gaudet, Jennifer) |
| Filing 100 AFFIDAVIT re #99 Opposition to Motion by Sydney Foster. (Gaudet, Jennifer) |
| Filing 99 Opposition re #94 MOTION to Amend Complaint and Reconsideration to Add Defendants Pursuant to Rule 60 (b) filed by Gerald Foster, Barbara Foster, Paul Carroll, Sydney Foster. (Gaudet, Jennifer) |
| Filing 98 First REPLY to Response to #89 Emergency MOTION to Expedite Preliminary Injunction filed by All Plaintiffs. (Devine, Kristi) |
| Filing 97 Opposition re #94 MOTION to Amend Complaint and Reconsideration to Add Defendants Pursuant to Rule 60 (b) filed by Dale Waring. (Turgeon, Roger) |
| Filing 96 Opposition re #94 MOTION to Amend Complaint and Reconsideration to Add Defendants Pursuant to Rule 60 (b) filed by Jocelyn Mackey. (Turgeon, Roger) |
| Filing 95 Opposition re #94 MOTION to Amend Complaint and Reconsideration to Add Defendants Pursuant to Rule 60 (b) filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis. (Ecker, Deborah) |
| Filing 94 MOTION to Amend Complaint and Reconsideration to Add Defendants Pursuant to Rule 60 (b) by All Plaintiffs.(Devine, Kristi) |
| Filing 93 Opposition re #89 Emergency MOTION to Expedite Preliminary Injunction filed by Dale Waring. (Turgeon, Roger) Modified on 3/25/2009 to correct linkage (Gaudet, Jennifer). |
| Filing 92 Opposition re #89 Emergency MOTION to Expedite Preliminary Injunction filed by Jocelyn Mackey. (Turgeon, Roger) Modified on 3/25/2009 to correct linkage (Gaudet, Jennifer). |
| Filing 91 Opposition re #89 Emergency MOTION to Expedite Preliminary Injunction filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis. (Montgomery, Peter) |
| Filing 90 Supplemental NOTICE of Change of Address or Firm Name by Kristi L. Devine for all Plaintiffs (Devine, Kristi) |
| Filing 89 Emergency MOTION to Expedite Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit One, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 6, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Devine, Kristi) |
| Case no longer referred to Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
| Filing 88 Magistrate Judge Judith G. Dein: ORDER entered granting in part and denying in part #61 Plaintiffs' Motion to Compel Discovery. (Dambrosio, Jolyne) |
| Filing 87 Magistrate Judge Judith G. Dein: ORDER entered denying #62 Plaintiffs' Motion to Amend Complaint; granting in part and denying in part #65 Defendants' Motion to Compel Plaintiff to Answer Discovery, and #80 Defendant Paradiso's Motion to Compel Answers to Interrogatories; and taking under advisement #61 Plaintiffs' Motion to Compel Discovery. (Dambrosio, Jolyne) |
| Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Motion Hearing held on 10/14/2008 re #61 First MOTION to Compel Discovery filed by Kristi L. Devine, #62 First MOTION to Correct original motion that had not been served on parties pursuant to F. R. C. P. 15.1 filed by Kristi L. Devine, #80 MOTION to Compel Interrogatory Response filed by Steve Paradeso, #65 MOTION to Compel Plaintiff Kristi L. Devine to Answer Discovery filed by Ann O'Sullivan, John Dennis, John McGrath, Albert Knowles, David L'esperance, Town of West Newbury, Massachusetts, Tracey Blais, Glenn Clouhecy, Lawrence Murphy, Richard Cushing, Lisa Holmes, Glen Kemper, Charles Courtemanche. USMJ Dein hears arguments from counsel makes rulings on motions #62, 65, 80 will issue order and takes #61 under advisment. (Court Reporter: DR.)(Attorneys present: Pro Se Devine, Montgomery and DuBosque) (Quinn, Thomas) |
| Filing 83 NOTICE of Appearance by Peter E. Montgomery on behalf of Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis (Montgomery, Peter) |
| Filing 86 AFFIDAVIT of Barbara Foster re #85 Opposition to Motion by Gerald Foster, Barbara Foster, Paul Carroll. (Gaudet, Jennifer) |
| Filing 85 Opposition re #62 First MOTION to Correct original motion that had not been served on parties pursuant to F. R. C. P. 15.1 filed by Gerald Foster, Barbara Foster, Paul Carroll. (Attachments: #1 Exhibit)(Gaudet, Jennifer) |
| Filing 84 NOTICE of Appearance by Geoffrey DuBosque on behalf of Gerald Foster, Barbara Foster, Paul Carroll. (Gaudet, Jennifer) |
| Filing 82 Opposition re #79 First MOTION to Dismiss Town Defendants' Motion for Summary Judgment or in the Alternative to Enlarge Time for Plaintiffs' Response and Memorandum in Opposition filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis. (Ecker, Deborah) |
| Judge Nancy Gertner: Electronic ORDER entered denying 81 EMERGENCY EX PARTE Motion. "Plaintiffs' Emergency Ex Parte Motion for a Preliminary Injunction 81 is DENIED. In effect, Plaintiffs seek a Temporary Restraining Order. See Federal Rule of Civil Procedure 65. However, Rule 65(b) provides that such an order may issue without notice to the adverse party only if: (a) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (b) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. Plaintiffs' Ex Parte Motion does not address the basis for proceeding without notice to the other party. In particular, it does not explain why the Defendants should not be heard in opposition nor what impending sequence of events makes a temporary restraining order so urgent that notice to the opposing party should not be required. The Court issues no judgment on the merits of the Plaintiffs' Motion." (Gaudet, Jennifer) |
| Filing 80 MOTION to Compel Interrogatory Response by Steve Paradeso.(Beatrice, Thomas) |
| Filing 79 First MOTION to Dismiss Town Defendants' Motion for Summary Judgment by Kristi L. Devine.(Devine, Kristi) |
| Filing 78 First NOTICE of Change of Address or Firm Name by Kristi L. Devine (Devine, Kristi) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered granting in part and denying in part #76 Plaintiff's Motion to Continue Hearing. The Status Conference/Hearing on #61 Plaintiffs' MOTION to Compel Discovery, and #62 Plaintiffs' MOTION to Add Parties is reset to 10/14/08 at 3:00PM in Courtroom 15. By 9/9/08, the plaintiffs shall provide notice of the new hearing date to the proposed new defendants. (Dambrosio, Jolyne) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered re Order on Motion to Continue Hearing. The hearing scheduled for 10/14/08 shall not be an evidentiary hearing, but shall be limited to the arguments of counsel and the plaintiffs. (Dambrosio, Jolyne) |
| Filing 77 Opposition re #76 First MOTION to Continue hearing to October 10, 2008 filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis. (Ecker, Deborah) |
| Filing 76 First MOTION to Continue hearing to October 10, 2008 by Kristi L. Devine. (Attachments: #1 Exhibit 1, #2 Exhibit 3)(Devine, Kristi) |
| Filing 75 AFFIDAVIT of Deborah I. Ecker in Support re #72 MOTION for Summary Judgment filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K (part I), #12 Exhibit K (part II))(Ecker, Deborah) |
| Filing 74 Statement of Material Facts L.R. 56.1 re #72 MOTION for Summary Judgment filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis. (Ecker, Deborah) |
| Filing 73 MEMORANDUM in Support re #72 MOTION for Summary Judgment filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis. (Ecker, Deborah) |
| Filing 72 MOTION for Summary Judgment by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis.(Ecker, Deborah) |
| ELECTRONIC NOTICE of Hearing on Motions: #61 Plaintiffs' MOTION to Compel Discovery, and #62 Plaintiffs' MOTION to Add Parties: Motion Hearing set for 9/3/2008 02:30 PM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
| ELECTRONIC NOTICE Resetting Hearing. The Status Conference scheduled for 9/9/08 is reset to 9/3/08 2:30PM before Magistrate Judge Dein in Courtroom #15 on the 5th floor. The parties' brief joint statement shall be filed no later than five days before the conference. (Dambrosio, Jolyne) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered granting in part #65 Defendants' Motion to Compel Plaintiff to Answer Discovery. Plaintiff is to make documents responsive to the defendants' document request available for inspection and copying no later than 8/18/08. Any remaining issues shall be addressed at the hearing on 9/3/08 at 2:30PM. (Dambrosio, Jolyne) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered regarding #62 Plaintiffs' Motion to Add Parties. By 8/11/08, the plaintiffs shall provide notice to the proposed new defendants of the hearing set for 9/3/08 at 2:30PM in Courtroom #15 on the 5th Floor. (Dambrosio, Jolyne) |
| Filing 71 Magistrate Judge Judith G. Dein: MEMORANDUM OF DECISION AND ORDER entered denying #51 Plaintiffs' Motion for Injunctive Relief, and denying #63 Plaintiffs' Emergency Motion for Relief from State Courts' Denial of Due Process Rights. (Dambrosio, Jolyne) |
| Filing 70 Opposition re #61 First MOTION to Compel Discovery filed by Jocelyn Mackey, Dale Waring. (Turgeon, Roger) |
| Filing 69 First REPLY to Response to #62 First MOTION to Correct original motion that had not been served on parties pursuant to F. R. C. P. 15.1 Plaintiffs' Response to Defendants' Opposition to Plaintiffs' Motion to Add Defendants filed by Kristi L. Devine. (Devine, Kristi) |
| Filing 68 Opposition re #62 First MOTION to Correct original motion that had not been served on parties pursuant to F. R. C. P. 15.1 filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis. (Ecker, Deborah) |
| Filing 67 Opposition re #63 Emergency MOTION to Expedite Relief from Denial of Due Process Rights and Request for Emergency Evidentiary Hearing on the Merits filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis. (Ecker, Deborah) |
| Filing 66 First RESPONSE to Motion re #65 MOTION to Compel Plaintiff Kristi L. Devine to Answer Discovery filed by Kristi L. Devine. (Devine, Kristi) |
| Filing 65 MOTION to Compel Plaintiff Kristi L. Devine to Answer Discovery by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis.(Ecker, Deborah) |
| Filing 64 Opposition re #61 First MOTION to Compel Discovery and for Leave of Court to Conduct Depositions and Admissions Outside of Limitations of Local Rules filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Tracey Blais, Town of West Newbury, Massachusetts, John Dennis. (Ecker, Deborah) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered. Defendants' Opposition to #63 Plaintiff's Emergency MOTION to Expedite Relief from Denial of Due Process should be filed with the court by 7/24/08. (Dambrosio, Jolyne) |
| Filing 63 Emergency MOTION to Expedite Relief from Denial of Due Process by Kristi L. Devine.(Devine, Kristi) |
| Filing 62 First MOTION to Correct original motion that had not been served on parties pursuant to F. R. C. P. 15.1 by Kristi L. Devine.(Devine, Kristi) |
| Filing 61 First MOTION to Compel Discovery by Kristi L. Devine. (Attachments: #1 Exhibit Answered Interrogatories, #2 Exhibit Response to Production of Documents)(Devine, Kristi) |
| Filing 60 Supplemental REPLY to Response to #51 MOTION for Preliminary Injunction revision of courtesy copy submitted June 30, 2008 filed by Kristi L. Devine. (Attachments: #1 Exhibit Exhibit # 3 - Affidavitts)(Devine, Kristi) |
| Filing 59 Magistrate Judge Judith G. Dein: ORDER entered granting in part and denying in part #53 Plaintiffs' Motion to Amend Complaint, and taking under advisement #51 Plaintiffs' Motion for Preliminary Injunction. (Dambrosio, Jolyne) |
| Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Motion Hearing held on 6/30/2008 re #51 MOTION for Preliminary Injunction filed by Kristi L. Devine, M. Tucker Devine, Michael P. Devine, Kayleen Devine, Kelly Devine, Erin Devine, #53 MOTION to Amend #1 Complaint filed by Kristi L. Devine, M. Tucker Devine, Michael P. Devine, Kayleen Devine, Kelly Devine, Erin Devine. USMJ Dein hears arguments from Pros Se Devine and Attorney Ecker and takes motions under advisement. (Court Reporter: DR.) (Quinn, Thomas) |
| Filing 58 MEMORANDUM in Support re #51 MOTION for Preliminary Injunction, #53 MOTION to Amend #1 Complaint filed by Kristi L. Devine. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Devine, Kristi) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered regarding #57 Plaintiffs' Motion to Continue Hearing. The hearing on all pending motions is reset for 6/30/08 at 11:00AM in Courtroom #15 on the Fifth Floor. Plaintiffs may file written statement of their position one day before the hearing. (Dambrosio, Jolyne) |
| Filing 57 First MOTION to Expedite Hearing by Kristi L. Devine, Michael P. Devine, M. Tucker Devine, Kayleen Devine, Kelly Devine.(Devine, Kristi) |
| ELECTRONIC NOTICE of Hearing on Motions: Plaintiffs' #53 MOTION to Amend and #51 MOTION for Preliminary Injunction : Motion Hearing set for 6/19/2008 12:00 PM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
| Filing 56 REPORT of Alternative Dispute Resolution Provider.(Dolan, Kathleen) |
| Filing 55 Opposition re #51 MOTION for Preliminary Injunction filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Town of West Newbury, Massachusetts, John Dennis. (Attachments: #1 Exhibit)(Ecker, Deborah) |
| Filing 54 Opposition re #53 MOTION to Amend #1 Complaint to Add Gerald Foster, Barbara Foster, and Paul Carroll as Defendants filed by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Town of West Newbury, Massachusetts, John Dennis. (Attachments: #1 Exhibit)(Ecker, Deborah) |
| Filing 53 MOTION to Amend #1 Complaint by Kristi L. Devine, Michael P. Devine, M. Tucker Devine, Erin Devine, Kayleen Devine, Kelly Devine. (proposed amended complaint attached-large)(Gaudet, Jennifer) |
| Filing 52 Disclosure pursuant to Rule 26 by Kristi L. Devine, Michael P. Devine, M. Tucker Devine, Erin Devine, Kayleen Devine, Kelly Devine.(Gaudet, Jennifer) |
| Filing 51 MOTION for Injunctive Relief by Kristi L. Devine, Michael P. Devine, M. Tucker Devine, Erin Devine, Kayleen Devine, Kelly Devine. (Attachments: #1 Appendix, #2 Declaration of Kristi L. Devine, #3 Affidavit of Kristi L. Devine)(Gaudet, Jennifer) |
| Filing 50 Disclosure pursuant to Rule 26 by Beth Paradeso.(Beatrice, Thomas) |
| Filing 49 Disclosure pursuant to Rule 26 by Steve Paradeso.(Beatrice, Thomas) |
| Magistrate Judge Robert B. Collings: Electronic ORDER entered granting #48 Motion to Continue Mediation Conference; Mediation re-scheduled FROM April 30, 2008 TO May 13, 2008 at 11:00 AM in Courtroom 23 before Magistrate Judge Robert B. Collings. (Dolan, Kathleen) |
| Filing 48 Joint MOTION to Continue Mediation Conference to May 13, 2008 or May 22, 2008 by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Jocelyn Mackey, Steve Paradeso, Beth Paradeso, Dale Waring, Kristi L. Devine, Michael P. Devine, M. Tucker Devine, Erin Devine, Kayleen Devine, Kelly Devine, Town of West Newbury, Massachusetts, John Dennis.(Ecker, Deborah) |
| Filing 47 Disclosure pursuant to Rule 26 by Dale Waring.(Turgeon, Roger) |
| Filing 46 NOTICE of MEDIATION set for 4/30/2008 at 11:00 AM in Courtroom 23 before Magistrate Judge Robert B. Collings. PLEASE SEE ORDER FOR DETAILS.(Dolan, Kathleen) |
| Filing 45 Disclosure pursuant to Rule 26 by Jocelyn Mackey.(Turgeon, Roger) |
| Filing 44 CERTIFICATION pursuant to Local Rule 16.1 as to Dale Waring. (Gaudet, Jennifer) |
| Filing 43 CERTIFICATION pursuant to Local Rule 16.1 as to Jocelyn Mackey. (Gaudet, Jennifer) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered granting #31 Plaintiffs' Motion to Amend Complaint. (Dambrosio, Jolyne) |
| Judge Nancy Gertner: Electronic ORDER entered denying #41 Motion for Default Judgment. "No default has yet been entered against defendant Mackey, and she is similarly situated to other defendants. Moreover, she has now answered. Granting default judgment would be inappropriate on the circumstances of this case." (Gaudet, Jennifer) |
| Filing 42 Opposition re #41 MOTION for Default Judgment as to Jocelyn Mackey filed by Jocelyn Mackey. (Turgeon, Roger) |
| Filing 39 CERTIFICATION pursuant to Local Rule 16.1 by Charles Courtemanche.(Ecker, Deborah) |
| Filing 38 CERTIFICATE OF CONSULTATION. (Beatrice, Thomas) |
| Filing 37 ANSWER to #1 Complaint with Jury Demand by Jocelyn Mackey.(Turgeon, Roger) |
| Filing 36 NOTICE of Appearance by Roger D. Turgeon on behalf of Jocelyn Mackey (Turgeon, Roger) (Additional attachment(s) added on 3/25/2008: #1 Signed Main Document) (Gaudet, Jennifer). |
| Filing 35 NOTICE of Appearance by Roger D. Turgeon on behalf of Dale Waring (Turgeon, Roger) (Additional attachment(s) added on 3/25/2008: #1 Signed Main Document) (Gaudet, Jennifer). |
| Filing 41 MOTION for Default Judgment as to Jocelyn Mackey by Kristi L. Devine.(Gaudet, Jennifer) |
| Filing 40 SUMMONS Returned Executed as to defendant Jocelyn Mackey. (Gaudet, Jennifer) |
| Filing 34 CERTIFICATION pursuant to Local Rule 16.1 by Lisa Holmes, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Town of West Newbury, Massachusetts, John Dennis.(Ecker, Deborah) |
| ELECTRONIC NOTICE of assignment to ADR Provider. U.S. Magistrate Judge Robert B. Collings appointed. The Court will contact counsel with regard to scheduling. (Franklin, Yvonne) |
|
Filing 33
ORDER REFERRING CASE to Alternative Dispute Resolution. (Dambrosio, Jolyne)
|
| Filing 32 Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Status Conference set for 9/9/2008 02:30 PM in Courtroom 15 before Magistrate Judge Judith G. Dein.(Dambrosio, Jolyne) |
| Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Scheduling Conference held on 2/29/2008. Pro Se Kristi Devine and Attorneys Ecker, Beatrice and Turgeon report case type scope of discovery required; Fact discovery shall be completed by 9/12/08;Both plaintiff and defendants have agreed to ADR; Next status conference is set for 9/9/08 @ 2:30pm. (Court Reporter: DR.) (Quinn, Thomas) |
| Filing 31 MOTION to Amend #1 Complaint by Kristi L. Devine.(Gaudet, Jennifer) |
| Filing 30 JOINT SUBMISSION pursuant to Local Rule 16.1 by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Steve Paradeso, Beth Paradeso, Dale Waring, Town of West Newbury, Massachusetts, John Dennis.(Ecker, Deborah) |
| Filing 29 NOTICE of Scheduling Conference Scheduling Conference set for 2/29/2008 10:00 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered granting in part and denying in part #7 Plaintiffs' Motion to Sign Complaint and Withdraw One Plaintiff. The time in which the plaintiffs are to obtain counsel is extended to 1/31/08. In all other respects, the Order of 9/18/07 remains in effect. The plaintiff Erin Devine must notify the court on her own behalf if she wants to withdraw from this litigation. (Dambrosio, Jolyne) |
| Judge Nancy Gertner: Electronic ORDER entered. REFERRING CASE to Magistrate Judge Judith G. Dein for 16.b and all pretrial, no dispositive motions. (Molloy, Maryellen) |
| Judge Nancy Gertner: Electronic ORDER entered granting #6 Motion to Allow Electronic Filing by Pro Se Litigants by Kristi L. Devine. Please contact Ginny Hurley at 617-748-9166 to sign up for training and to receive you log-in and password. (Gaudet, Jennifer) |
| Judge Nancy Gertner: Electronic ORDER entered granting #10 Motion for Extension of Time to January 4, 2008 to file a responsive pleading to the Plaintiffs' Complaint by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Town of West Newbury, Massachusetts, John Dennis (Gaudet, Jennifer) |
| Filing 28 Defendants' ANSWER to #1 Complaint with Jury Demand by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Town of West Newbury, Massachusetts, John Dennis.(Ecker, Deborah) |
| Filing 27 SUMMONS Returned Executed Richard Cushing served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 26 SUMMONS Returned Executed Ann O'Sullivan served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 25 SUMMONS Returned Executed Lisa Holmes served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 24 SUMMONS Returned Executed John Dennis served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 23 SUMMONS Returned Executed Charles Courtemanche served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 22 SUMMONS Returned Executed David L'esperance served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 21 SUMMONS Returned Executed Steve Paradeso served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 20 SUMMONS Returned Executed Beth Paradeso served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 19 SUMMONS Returned Executed Jocelyn Mackey served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 18 SUMMONS Returned Executed as to Dale Waring, served on 11/21/07. (Gaudet, Jennifer) |
| Filing 17 SUMMONS Returned Executed Town of West Newbury, Massachusetts served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 16 SUMMONS Returned Executed Glenn Clouhecy served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 15 SUMMONS Returned Executed Lawrence Murphy served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 14 SUMMONS Returned Executed John McGrath served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 13 SUMMONS Returned Executed Albert Knowles served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 12 SUMMONS Returned Executed Glen Kemper served on 11/21/2007, answer due 12/11/2007. (Gaudet, Jennifer) |
| Filing 10 MOTION for Extension of Time to January 4, 2008 to file a responsive pleading to the Plaintiffs' Complaint by Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Town of West Newbury, Massachusetts, John Dennis.(Ecker, Deborah) |
| Filing 9 NOTICE of Appearance by Leonard H. Kesten on behalf of Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Town of West Newbury, Massachusetts, John Dennis (Kesten, Leonard) |
| Filing 8 NOTICE of Appearance by Deborah I. Ecker on behalf of Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Town of West Newbury, Massachusetts, John Dennis (Ecker, Deborah) |
| Filing 11 ANSWER to #1 Complaint by Dale Waring.(Gaudet, Jennifer) |
| Filing 7 MOTION to Allow Plaintiffs to Sign Complaint and to Withdraw one of the Plaintiffs by Kristi L. Devine.(Gaudet, Jennifer) |
| Filing 6 MOTION to Allow Electronic Filing by Pro Se Litigants by Kristi L. Devine.(Gaudet, Jennifer) |
| Filing 5 ANSWER to Complaint by Steve Paradeso.(Beatrice, Thomas) (Additional attachment(s) added on 12/21/2007: #1 Main Document) (Gaudet, Jennifer). |
| Filing 4 ANSWER to Complaint by Beth Paradeso.(Beatrice, Thomas) (Additional attachment(s) added on 12/21/2007: #1 Main Document) (Gaudet, Jennifer). |
| Judge Nancy Gertner: Electronic ORDER entered granting #3 Motion for Extension of Time. "Extension of time is granted until November 29, 2007. It is hereby ORDERED that by that date, Michael Devine shall sign the Complaint, either pro se or through counsel. It is further ORDERED that by that date, the Complaint shall be signed by duly licensed counsel for each minor child, and the counsel shall file an appearance for all purposes to represent the child's interests. Failure to provide the signatures will result in dismissal of the corresponding claims." (Gaudet, Jennifer) |
| Filing 3 MOTION for Extension of Time by Kristi L. Devine.(Gaudet, Jennifer) |
| Filing 2 Judge Nancy Gertner : ORDER entered. MEMORANDUM AND ORDER. It is hereby Ordered that, Michael P. Devine's claims shall be dismissed in 35 days unless he signs the Complaint either pro se or through counsel. Additionally, the claims of the children, M. Tucker Devine, Erin Devine, Kayleen Devine, and Kelly Devine shall be dismissed within 35 days unless the Complaint is signed by counsel for each child by duly-licensed counsel, and counsel files an appearance for all purposes, to represent the interests of the minor children. (PSSA, 3) |
| Filing fee: $ 350.00, receipt number 82428 for #1 Complaint (Diskes, Sheila) |
| Filing 1 COMPLAINT against all defendants, filed by Kristi L. Devine, Michael P. Devine, M. Tucker Devine, Erin Devine, Kayleen Devine, Kelly Devine. (Attachments: #1 Civil Cover Sheet)(Gaudet, Jennifer) |
| ELECTRONIC NOTICE of Case Assignment. Judge Nancy Gertner 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 (Gaudet, Jennifer) |
| Summons Issued as to Charles Courtemanche, Lisa Holmes, David L'esperance, Albert Knowles, Ann O'Sullivan, Richard Cushing, Glen Kemper, John McGrath, Lawrence Murphy, Glenn Clouhecy, Jocelyn Mackey, Steve Paradeso, Beth Paradeso, Dale Waring, Town of West Newbury, Massachusetts, John Dennis. (Gaudet, Jennifer) |
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