Smith et al v. Jenkins et al
| Robert Smith and Maria DaSilva |
| Signature Group Holdings, Inc., Dwight Jenkins, Cherry Jenkins, Dorea Smith, Robert E. Kelley, RKelley-Law, P.C., Louis G. Bertucci, EB Real Estate Group, Inc. doing business as RE/MAX Real Estate Specialists, Dorchester Real Estate, Inc.,, New England Merchants Corp, Union Capital Mortgage Business Trust, Mid City Mortgage, LLC, Fremont Investment & Loan, Fremont Reorganization Corporation and Meritage Mortgage Corporation |
| 1:2007cv12067 |
| October 30, 2007 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Richard G Stearns |
| Truth in Lending |
| 15 U.S.C. § 1601 Truth in Lending |
| Both |
Docket Report
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This docket was last retrieved on August 24, 2016. A more recent docket listing may be available from PACER.
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| Filing 740 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #738 Motion for Injunctive Relief pursuant to the Anti-Injunction Act, 28 U.S.C. s 2283, which forbids a federal court from granting an injunction to stay proceedings in a State court except in very limited circumstances. Conscious of principles of "comity and federalism," the court sees no "substantial justification" for issuing an injunction here where Robert Kelley can raise, if applicable, a preclusion defense in State court. See Fernandez-Vargas v. Pfizer Pharm., Inc., 522 F.3d 55, 68 (1st Cir. 2008). (Zierk, Marsha) |
| Filing 739 First MEMORANDUM in Support re #738 First MOTION for Injunctive Relief filed by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 738 First MOTION for Injunctive Relief by RKelley-Law, P.C.. (Attachments: #1 Exhibit In Support of Motion and Memoranda, #2 Affidavit Motion and Memoranda, #3 Exhibit Motion and Memoranda, #4 Exhibit Motion and Memoranda)(McLaughlin, James) |
| Filing 737 MANDATE of USCA as to #724 Notice of Appeal,,,, filed by RKelley-Law, P.C.. Appeal 727 , #725 , #736 , #726 , #724 Terminated (Danieli, Chris) |
| Filing 736 USCA Judgment as to #724 Notice of Appeal,,,, filed by RKelley-Law, P.C. (Danieli, Chris) |
| Filing 735 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #734 Motion to Compel discovery. RKelley-Law PC must provide answers to the asset-related interrogatories and provide access to or copies of the requested documents no later than May 23, 2016. (Zierk, Marsha) |
| Filing 734 MOTION to Compel Post-Trial Discovery Responses by Robert Smith. (Attachments: #1 Exhibit Request for Documents - Rule 69, #2 Exhibit Interrogatories - Rule 69)(Plaut, Jonathan) |
| Filing 733 WRIT of execution issued. Original mailed to Atty. Plaut on 4/4/16. (Flaherty, Elaine) |
| Filing 732 Proposed Document(s) submitted by Robert Smith. Document received: Execution. (Plaut, Jonathan) |
| Filing 731 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #730 Motion for execution (Flaherty, Elaine) |
| Filing 730 MOTION Issuance of Execution re #728 MOTION Issuance of Execution or Supersedeas Bond Renewed Motion by Robert Smith.(Plaut, Jonathan) |
| Filing 729 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #728 Motion for Issuance of Execution against RKelley-Law, P.C. or in the Alternative, for the Posting of a Supersedeas Bond Pending Appeal. A supersedeas bond staying execution of a money judgment, shall be posted, and shall be in the amount of the judgment plus ten (10%) percent of the amount to cover interest and any award of damages for delay plus Five Hundred and no/100 ($500.00) Dollars to cover costs. (Seelye, Terri) |
| Filing 728 MOTION Issuance of Execution or Supersedeas Bond by Robert Smith.(Plaut, Jonathan) |
| Filing 727 USCA Case Number 16-1099 for #724 Notice of Appeal filed by RKelley-Law, P.C.. (Paine, Matthew) |
| Filing 726 (Amended) Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #724 Notice of Appeal (Paine, Matthew) |
| Filing 725 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #724 Notice of Appeal. (Paine, Matthew) |
| Filing 724 NOTICE OF APPEAL re 697 Electronic Order, #712 Findings of Fact and Conclusions of Law, 720 Electronic Order, 721 Electronic Order, 722 Electronic Order. amd #723 Judgment by RKelley-Law, P.C. Filing fee: $ 505, receipt number 0101-5933102 Fee Status: Not Exempt. 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 MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 2/8/2016. (McLaughlin, James) (Modified on 1/19/2016 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew). |
| Filing 723 Judge Richard G. Stearns: ORDER entered. JUDGMENT Against RKelley-Law, P.C. (Zierk, Marsha) |
| Filing 722 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #715 Motion for Order of Assessment of Prejudgment Interest. (Zierk, Marsha) |
| Filing 721 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #719 RKelley-Law's Motion for Reconsideration. (Zierk, Marsha) |
| Filing 720 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #714 Motion to Amend for additional award of $113,865 in attorneys fees and costs. (Zierk, Marsha) |
| Filing 719 First MOTION for Reconsideration re #712 Findings of Fact & Conclusions of Law by RKelley-Law, P.C..(McLaughlin, James) |
| Filing 718 First Opposition re #715 MOTION for Order to Assess Interest on Award against RKelley-Law, P.C. filed by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 717 First Opposition re #714 MOTION to Amend #712 Findings of Fact & Conclusions of Law filed by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 716 Proposed Document(s) submitted by Robert Smith. Document received: Proposed Judgment Pursuant to Court's Order. (Plaut, Jonathan) |
| Filing 715 MOTION for Order to Assess Interest on Award against RKelley-Law, P.C. by Robert Smith.(Plaut, Jonathan) |
| Filing 714 MOTION to Amend #712 Findings of Fact & Conclusions of Law by Robert Smith.(Plaut, Jonathan) |
| Filing 713 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #707 Motion for Attorney Fees as attorneys fees were awarded in the court's Findings of Fact and Rulings of Law entered on December 8, 2015. See Dkt. #712. (Zierk, Marsha) |
| Filing 712 Judge Richard G. Stearns: ORDER entered. FINDINGS OF FACT AND CONCLUSIONS OF LAW and Order on Plaintiff's Respondeat Superior Claim and Petition for Attorneys' Fees.(Zierk, Marsha) |
| Filing 711 Second Proposed Findings of Fact by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 710 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #709 Motion for Clarification. Kelley is granted ten days -- until October 25, 2015 -- to file a response to plaintiff's application for attorneys fees. (Zierk, Marsha) |
| Filing 709 MOTION for Clarification re #708 Proposed Findings of Fact To Offer Opposition to Plaintiff's Application for Attorney Fees by RKelley-Law, P.C..(McLaughlin, James) |
| Filing 708 Proposed Findings of Fact by RKelley-Law, P.C.. (Attachments: #1 Exhibit Transcript of Trial August 17, 2015, #2 Exhibit Proposed Findings Ex (Portions of Trial 1 Day 7 October 20, 2010))(McLaughlin, James) |
| Filing 707 Petition for Attorneys' Fees and Costs against RKelley-Law, P.C. pursuant to G.L. c. 93A by Robert Smith. (Plaut, Jonathan) Modified on 10/13/2015 (Abaid, Kimberly). |
| Filing 706 AFFIDAVIT of Jeffrey S. Baker in Support of Petition for Attorneys' Fees and Costs against RKelley-Law, P.C. by Robert Smith. (Attachments: #1 Exhibit Itemization of Attorneys' Time and Expenses)(Plaut, Jonathan) |
| Filing 705 AFFIDAVIT of Jonathan D. Plaut in Support of Attorneys' Fee Petition against RKelley-Law, P.C. by Robert Smith. (Plaut, Jonathan) |
| Filing 704 BRIEF by Robert Smith Proposed Findings of Fact and Rulings of Law. (Plaut, Jonathan) |
| Filing 703 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #701 Motion for Extension of Time until October 12, 2015, to File (Zierk, Marsha) |
| Filing 702 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #700 Motion for Extension of Time to File Proposed Findings and Petition for Attorneys' Fees until Monday, October 12, 2015. (RGS, int2) |
| Filing 701 Assented to MOTION for Extension of Time to October 12, 2015 to File by RKelley-Law, P.C..(McLaughlin, James) |
| Filing 700 Assented to MOTION for Extension of Time to Monday, October 12, 2015 to File Proposed Findings of Fact and Attorney's Fee Petition by Robert Smith.(Plaut, Jonathan) |
| Filing 699 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, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 698 Transcript of Bench Trial Day One held on August 17, 2015, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com Redaction Request due 9/25/2015. Redacted Transcript Deadline set for 10/5/2015. Release of Transcript Restriction set for 12/3/2015. (Scalfani, Deborah) |
| Filing 697 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #693 Motion for Judgment as a Matter of Law (RGS, law1) |
| Filing 696 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #690 Motion in Limine. Motion will be addressed in the court's Findings of Fact and Rulings of Law. (RGS, law1) |
| Filing 695 Bench Trial Exhibit & Witness List. (Seelye, Terri) |
| Filing 694 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Final Pretrial Conference held on 8/17/2015; Parties attempted to settle case; parties requested the case proceed as a Bench Trial; Bench Trial held on 8/17/2015; Agreed to Exhibits 1-8 deemed admitted; Plaintiff calls WT1 Robert Smith; WT2 Robert Kelley; Plaintiff's Exhibits admitted 9,10,13,14,15,17,18; Defendants Exhibits admitted: 11, 12, 16, 19; Plaintiff rests; Defendant rests; Bertucci Transcript (Pg 6) - Judicial notice; Defendant's Rule 50 Motion - under advisement; Transcript to be provided to the parties by 9/1/15; Parties to submit their Proposed Findings of Fact & Conclusions of Law due within 30 days of receiving the transcript; Reply, if any, due within 7 days of filing of Proposed Findings of Fact & Conclusions of Law; Oral Argument will be set in due course. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Attys Plout & Baker for Pla; Atty McLaughlin for Deft) (Seelye, Terri) |
| Filing 693 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. Rule 50 by RKelley-Law, P.C..(McLaughlin, James) |
| Filing 692 Proposed Jury Verdict by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 691 Proposed Jury Instructions by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 690 MOTION in Limine Offset by RKelley-Law, P.C..(McLaughlin, James) |
| Filing 689 PRETRIAL MEMORANDUM by Robert Smith. (Plaut, Jonathan) |
| Filing 688 ELECTRONIC NOTICE OF RESCHEDULING. Final Pretrial Conference RESET for 8/17/2015 at 9:00 AM in Courtroom 21 before Judge Richard G. Stearns. Trial will immediately follow the conference.(Seelye, Terri) |
| Filing 687 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #684 Motion to Compel. Plaintiff has until July 13, 2015 to respond to Defendant RKelley's request. Both parties have until August 3, 2015 to complete discovery. Each party must comply with FRCP 34 and 37. Appropriate objections may be made to the court for resolution. (RGS, law1) |
| Filing 686 Opposition re #684 MOTION to Compel Post-Appeal Interrogatory Responses and Production of Documents filed by Robert Smith. (Plaut, Jonathan) |
| Filing 685 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Plaintiff has until close of business on July 1, 2015 to respond to defendant RKelley's motion to compel.(RGS, law1) |
| Filing 684 MOTION to Compel Post-Appeal Interrogatory Responses and Production of Documents by RKelley-Law, P.C..(McLaughlin, James) |
| Filing 683 Judge Richard G. Stearns: ELECTRONIC SUPPLEMENTAL ORDER on Motion to Continue entered. Motion is DENIED. Counsel having failed to come to agreement on a set of dates in July for trial, trial will remain scheduled for August 17, 2015.(RGS, law1) |
| Filing 682 JOINT STATEMENT of counsel In Response to Court Order dated June 19, 2015. (Plaut, Jonathan) |
| Filing 681 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #680 Motion to Continue. Motion is allowed subject to counsel agreeing upon a date within the weeks of July 20-31, 2015, as previously suggested to the court. Counsel must name the 3 days selected by close of business on Monday, June 22, 2015. (RGS, law1) |
| Filing 680 Joint MOTION to Continue Trial to October, 2015 by Robert Smith.(Plaut, Jonathan) |
| Filing 679 ELECTRONIC NOTICE Canceling Hearing regarding Presentation of Evidence with regards to plaintiff's 93A Claim against NEMCO. (Seelye, Terri) |
| Filing 678 NOTICE: Counsel shall submit all proposed exhibits on a DVD-R or CD on or before 8/10/15 to the attention of the Courtroom Clerk. The clerks office may not accept flash/thumb drives. All exhibits must be on a CD or DVD. re #677 (Seelye, Terri) |
| Filing 677 Judge Richard G. Stearns: PROCEDURAL ORDER re pretrial/trial RESCHEDULING at the request of the parties: Final Pretrial Conference RESET for 8/14/2015 at 3:00 PM and Jury Trial RESET for 8/17/2015 at 9:00 AM both in Courtroom 21 before Judge Richard G. Stearns. (Jury Trial set for 8/17/2015 from 9:00 AM to 4:00 PM and from 9:00 AM to 1:00 PM thereafter.)(Seelye, Terri) |
| Filing 676 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #675 Motion to Continue the Trial. Trial will be rescheduled for a date in August 2015; trial order to issue. (Seelye, Terri) |
| Filing 675 Joint MOTION to Continue Trial filed by RKelley-Law, P.C. and Robert Smith by Robert Smith.(Plaut, Jonathan) |
| Filing 674 STIPULATION of Dismissal by New England Merchants Corp. (Markoff, Michael) |
| Filing 673 Judge Richard G. Stearns: Judge Richard G. Stearns: AMENDED ORDER entered. PROCEDURAL ORDER re pretrial/trial. Final Pretrial Conference RESET for 4/24/2015 at 2:00 PM and Jury Trial RESET for 4/27/2015 at 9:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Jury Trial set for 4/28/15 from 9:00 AM to 4:00 PM and from 9:00 AM to 1:00 PM thereafter)(Seelye, Terri) |
| NOTICE Resetting a Hearing regarding Presentation of Evidence with regards to plaintiff's 93A Claim against NEMCO. Evidentiary Hearing RESET for 4/24/2015 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. 669 , 672 (Seelye, Terri) |
| Filing 672 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #670 Motion for Protective Order. However the clerk will reset the dates of both the hearing in Smith v. NEMCO, currently scheduled for March 5, 2015, and the trial in Smith v. RKelley-Law and L. Bertucci, currently scheduled for March 2-4, 2015, for a later date. (RGS, law1) |
| Filing 671 MEMORANDUM in Support re #670 MOTION for Protective Order filed by New England Merchants Corp. (Attachments: #1 Affidavit Declaration of Michael J. Markoff, #2 Exhibit Exhibit A to Declaration, #3 Errata Exhibit B to Declaration, #4 Exhibit Exhibit C to Declaration, #5 Exhibit Exhibit D to Declaration, #6 Errata Exhibit E to Declaration, #7 Exhibit Exhibit F to Declaration)(Markoff, Michael) |
| Filing 670 MOTION for Protective Order by New England Merchants Corp.(Markoff, Michael) |
| Filing 669 ELECTRONIC NOTICE of Hearing regarding Presentation of Evidence with regards to plaintiff's 93A Claim against NEMCO. Evidentiary Hearing set for 3/5/2015 at 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 668 NOTICE: Counsel shall submit all proposed exhibits on a DVD-R or CD on or before 2/23/15 to the attention of the Courtroom Clerk. The clerks office may not accept flash/thumb drives. All exhibits must be on a CD or DVD. re #667 (Seelye, Terri) |
| Filing 667 Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re pretrial/trial regarding Damages. Final Pretrial Conference set for 2/27/2015 at 3:00 PM and Jury Trial set for 3/2/2015 at 9:00 AM in Courtroom 21 before Judge Richard G. Stearns. Jury Trial set for 3/2/2015 from 9:00 AM to 4:00 PM and from 9:00 AM to 1:00 PM thereafter, until closings.(Seelye, Terri) |
| Filing 666 RESPONSE TO COURT ORDER by RKelley-Law, P.C. . (McLaughlin, James) |
| Filing 665 Judge Richard G. Stearns: ORDER entered on the question of damages with regard to RKelley-Law, P.C. (RGS, law1) |
| Filing 664 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Hearing re Assessment of Damages with regard to RKelley-Law, P.C. held on 11/18/2014. Oral Argument; Matter taken under advisement. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Plaut and Baker for Plaintiff; McLaughlin for Defendant) (RGS, law1) |
| Filing 663 Judge Richard G. Stearns: ORDER entered. SCHEDULING ORDER: Trial having been waived in Smith v. RKelley-Law, P.C., the schedule for discovery and motions for Smith v. NEMCO is hereby reset. Discovery shall be completed by Thursday, December 18, 2014. Dispositive motions, if any, shall be filed on or by Monday, January 19, 2015 and responses, if any, shall be filed on or by Monday, February 9, 2015. Replies by leave of court.(RGS, law1) |
| Filing 662 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #661 Motion to Continue. Hearing on Assessment of Damages RESET for 11/18/2014 at 4:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 661 Joint MOTION to Continue Damage Hearing to November 19, 2014 by RKelley-Law, P.C..(McLaughlin, James) |
| Filing 660 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying in part #659 Motion to Continue. Hearing on Assessment of Damages RESET for 11/13/2014 at 12:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 659 Joint MOTION to Continue Damage Hearing to January 7, 2015 by RKelley-Law, P.C..(McLaughlin, James) |
| Filing 658 ELECTRONIC NOTICE OF RESCHEDULING, because of a court conflict, hearing on Assessment of Damages. Hearing RESET for 11/26/2014 at 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 657 ELECTRONIC NOTICE of Hearing. Hearing on Assessment of Damages set for 10/31/2014 at 11:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 656 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #654 Motion for offer of Proof. (RGS, law1) |
| Filing 655 Judge Richard G. Stearns: MEMORANDUM & ORDER entered denying #634 Motion for Summary Judgment by RKelley-Law, P.C.; granting #641 Motion for Summary Judgment by Robert Smith. Judgment is entered against RKelley-Law on the issue of vicarious liability, and the clerk will schedule a hearing on assessment of damages. (RGS, law1) |
| Filing 654 MOTION Offer of Proof as to Evidence to be Introduced by RKelley-Law by Robert Smith.(Plaut, Jonathan) |
| Filing 653 STIPULATION Assented Notice of Jury Waiver by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 652 ELECTRONIC NOTICE Canceling the 8/1/14 Final Pretrial Conference & the 8/4/14 Jury Trial. (Seelye, Terri) |
| Filing 651 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #650 Motion to Continue Trial.By August 25, 2014, the parties shall provide a status update to the court regarding the possibility of a jury-waived trial so that the clerk can re-schedule the trial date accordingly. (RGS, law1) |
| Filing 650 Joint MOTION to Continue Trial to Fall, 2014 by Robert Smith.(Plaut, Jonathan) |
| Filing 649 NOTICE of Withdrawal of Appearance by Patrick M. Groulx (Groulx, Patrick) |
| Filing 648 NOTICE: Counsel shall submit all proposed exhibits on a DVD-R or CD on or before 7/28/14 to the attention of the Courtroom Clerk. The clerks office may not accept flash/thumb drives. All exhibits must be on a CD or DVD. re #647 (Seelye, Terri) |
| Filing 647 Judge Richard G. Stearns: REVISED ORDER entered. PROCEDURAL ORDER re pretrial/trial. Final Pretrial Conference RESET for 8/1/2014 at 3:00 PM and Jury Trial RESET for 8/4/2014 at 9:00 AM in Courtroom 21 before Judge Richard G. Stearns. Trial schedule of 9:00 A.M. to 4:00 P.M. on the day of impanelment and 9:00 A.M. to 1:00 P.M. thereafter, until closings. (Attachments: #1 Standing Orders)(Seelye, Terri) |
| Filing 646 ELECTRONIC NOTICE OF RESCHEDULING, in light of the pending motions, 5/12/14 Jury Trial. Trial order to issue. (Seelye, Terri) |
| Filing 645 TRIAL BRIEF Regarding Proof of Damages by Robert Smith. (Groulx, Patrick) |
| Filing 644 TRIAL BRIEF On The Amount of Potential Damages if Any Owed Robert Smith by RKelley-Law, P.C.. (Attachments: #1 Exhibit Ex. 1 Special Questions and Answers of Jury, #2 Errata Ex. 2 First Circuit Appeal Decision)(McLaughlin, James) |
| Filing 643 Statement of Material Facts L.R. 56.1 re #641 Cross MOTION for Summary Judgment Against Defendant R-Kelley Law, P.C. filed by Robert Smith. (Attachments: #1 Exhibit Exhibit 01, #2 Exhibit Exhibit 02, #3 Exhibit Exhibit 03, #4 Exhibit Exhibit 04, #5 Exhibit Exhibit 05, #6 Exhibit Exhibit 06, #7 Exhibit Exhibit 07, #8 Exhibit Exhibit 08, #9 Exhibit Exhibit 09, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12 - 1 of 2, #13 Exhibit Exhibit 12 - 2 of 2)(Plaut, Jonathan) |
| Filing 642 MEMORANDUM in Support re #641 Cross MOTION for Summary Judgment Against Defendant R-Kelley Law, P.C. filed by Robert Smith. (Plaut, Jonathan) |
| Filing 641 Cross MOTION for Summary Judgment Against Defendant R-Kelley Law, P.C. by Robert Smith.(Plaut, Jonathan) |
| Filing 640 ADDENDUM re #634 MOTION for Summary Judgment filed by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 639 ADDENDUM re #634 MOTION for Summary Judgment filed by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 638 ADDENDUM re #634 MOTION for Summary Judgment filed by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 637 ADDENDUM re #634 MOTION for Summary Judgment filed by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 636 Statement of Material Facts L.R. 56.1 re #634 MOTION for Summary Judgment filed by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 635 MEMORANDUM in Support re #634 MOTION for Summary Judgment filed by RKelley-Law, P.C.. (McLaughlin, James) |
| Filing 634 MOTION for Summary Judgment by RKelley-Law, P.C..(McLaughlin, James) |
| Filing 633 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Status Conference held on 3/10/2014, re: remaining claims against defendants RKelley-Law, P.C., NEMCO, and Union Capital.Re: RKelley-Law, P.C.Trial scheduled for May 12, 2014.Dispositive Motions on Liability: On the issue of liability for Rkelley-Law, P.C., dispositive motions shall be filed on or by Monday, March 31, 2014, and responses, if any, shall be filed on or by Monday, April 14, 2014. Briefing on Damages Issue: By April 14, 2014, counsel are also directed to brief the issue of whether the court may or must revisit the amount of damages potentially owed to Smith by RKelley-Law, P.C. (assuming liability) in light of the fact that Bertucci did not appeal the damages award against him.Re: NEMCOThe parties agreed that further discovery was warranted, particularly the deposition of Rachel Noyes. Discovery shall be deferred until the conclusion of the Rkelley-Law, P.C. trial, and shall be completed within 30 days thereafter. Dispositive motions, if any, shall be filed on or by Monday, June 30, 2014 and responses, if any, shall be filed on or by Monday, July 14, 2014.Re: Union CapitalHaving failed to appear, Union Capital is declared in default. The court will enter a default judgment against Union Capital and in favor of Smith on all remaining claims against Union Capital. Plaintiff shall file a statement of proposed damages against Union Capital along with the dispositive motion against Rkelley-Law. (Court Reporter: No Court Reporter Used.)(Attorneys present: Baker, Plaut, Markoff, McLaughlin) (RGS, law1) |
| Filing 632 STIPULATION of Dismissal With Prejudice by Dorchester Real Estate, Inc.,. (Gregory, Jay) |
| Filing 631 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #630 Motion for Extension of Time to File Stipulation of Dismissal. The parties are on notice that the court is not inclined to grant any further extensions. (RGS, law1) |
| Filing 630 Joint MOTION for Extension of Time to File Stipulation of Dismissal by Robert Smith.(Baker, Jeffrey) |
| Filing 629 NOTICE: Counsel shall submit all proposed exhibits on a DVD-R or CD by 5/5/14 to the Courtroom Clerk. The clerks office may not accept flash/thumb drives. All exhibits must be on a CD or DVD. re #628 (Seelye, Terri) |
| Filing 628 Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re pretrial/trial Final Pretrial Conference set for 5/9/2014 at 3:00 PM and Jury Trial set for 5/12/2014 at 9:00 AM both in Courtroom 21 before Judge Richard G. Stearns. (Jury Trial set for 5/12/14 from 9:00 AM to 4:00 PM and 5/13/2014 to 5/16/2014 from 9:00 AM to 1:00 PM)(Seelye, Terri) |
| Filing 627 ELECTRONIC NOTICE of Hearing. Status Conference set for 3/10/2014 at 3:30 PM as to Plaintiff Robert Smith and Defendants Robert E. Kelley, RKelley-Law, P.C., New England Merchants Corp, and Union Capital Mortgage Business Trust, in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 626 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The trial on the issue of damages owed by Century 21 for fraud and breach of fiduciary duty has been canceled upon the representation by email from counsel that Century 21 and Robert Smith "have settled all claims existing between the parties." The relevant parties shall file a Stipulation of Dismissal by February 29, 2014.(RGS, law1) |
| Filing 625 ELECTRONIC NOTICE Canceling the 2/24/14 Trial. (Seelye, Terri) |
| Filing 624 Judge Richard G. Stearns: ORDER entered granting in part and denying in part #600 Motion in Limine to preclude evidence concerning types of damages. (RGS, law1) |
| Filing 623 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #599 Motion in Limine to preclude Smith from eliciting Hearsay testimony at trial. The court grants defendant's request to preclude Timothy Mahoney from testifying at trial. The court denies the remainder of defendant's motion as premature and notes that defendant is free to object at trial to any testimony that it views as inadmissible hearsay and the court will rule in accordance with the Federal Rules of Evidence. (RGS, law1) |
| Filing 622 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying, without prejudice, #598 Motion in Limine to preclude testimony concerning the alleged lost value of the plaintiff's time. (RGS, law1) |
| Filing 621 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Final Pretrial Conference held on 2/21/2014; oral argument regarding motions in limine; Plaintiff to inform the court by Monday morning (2/24/14) if jury waived trial. (Court Reporter: None)(Attorneys present: Baker, Plaut, Groulx for Smith; Gregory for Century 21) (Seelye, Terri) |
| Filing 620 RESPONSE TO COURT ORDER by Robert Smith re #611 Order on Motion in Limine,, Offer of Proof and Statement of Damages. (Attachments: #1 Exhibit 1)(Groulx, Patrick) |
| Filing 619 Supplemental Proposed Jury Instructions by Robert Smith. (Groulx, Patrick) |
| Filing 618 WRIT of execution issued original mailed to attorney/filer. (Flaherty, Elaine) |
| Filing 617 NOTICE: Counsel shall submit all proposed exhibits on a DVD-R or CD at the final pretrial conference or by the close of business Friday, February 21, 2014. The clerks office may not accept flash/thumb drives. All exhibits must be on a CD or DVD. re #567 (Seelye, Terri) |
| Filing 616 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #592 Motion for Writ of Habeas Corpus ad testificandum. (Seelye, Terri) |
| Filing 615 Proposed Document(s) submitted by Robert Smith. Document received: Proposed Writ of Execution against Louis Bertucci Individually. (Groulx, Patrick) |
| Filing 614 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #606 Proposed Document(s) submitted, filed by Dorchester Real Estate, Inc.Defendant is ordered to submit a hard-copy to the court of the actual testimony or interrogatory responses to which it objects by 4:00 PM on Thursday, February 20, 2014, in the following format:1. For any testimony to which Defendant objects, submit a copy of the entire portion of such testimony that Plaintiff seeks to have admitted at trial and include one page before and one page after the beginning and end of each portion of proffered testimony.2. Highlight the proffered testimony in YELLOW highlighter and highlight any objected-to portions in PINK highlighter. 3. Indicate in the margin next to each objected-to portion the basis for such objection.4. Mark each portion with a sticky-tab identifying the highlighted testimony by date, name of witness, and type of submission (deposition testimony, trial testimony, or interrogatory).Submit the hard copies to Terri Seelye at the clerk's office. (RGS, law1) |
| Filing 613 WRIT of of Habeas Corpus Ad Testificandum issued as to James Adamos. (Seelye, Terri)Original to US Marshal on 2/19/14 |
| Filing 612 Proposed Document(s) submitted by Robert Smith. Document received: Amended Writ of Habeas Corpus as to James Adamos. (Groulx, Patrick) |
| Filing 611 Judge Richard G. Stearns: ORDER entered granting in part and reserving ruling in part #597 Motion in Limine. The court grants defendants motion to preclude plaintiff from calling proposed expert witnesses Andrew Kadets, Michael Foley, Timothy Mahoney, and Andrew Klein. As to the balance of the motion, Smith is directed to submit an offer of proof as to any non-expert witnesses proposed damages testimony by Thursday, February 20, 2014, at 5:00 PM, as detailed in the attached memorandum. (RGS, law1) |
| Filing 610 Proposed Document(s) submitted by Robert Smith. Document received: Writ of Habeas Corpus as to James Adamos. (Groulx, Patrick) |
| Filing 609 Judge Richard G. Stearns: ELECTRONIC ORDER entered provisionally granting #592 Motion for Writ of Habeas Corpus ad testificandum. The court is inclined to grant the Motion upon submission of a proposed writ in the proper form. (RGS, law1) |
| Filing 608 Proposed Voir Dire by Dorchester Real Estate, Inc.,. (Gregory, Jay) |
| Filing 607 Proposed Document(s) submitted by Dorchester Real Estate, Inc.,. Document received: The Defendant, Dorchester Real Estate, Inc.'s Estimate of the Length of Trial. (Gregory, Jay) |
| Filing 606 Proposed Document(s) submitted by Dorchester Real Estate, Inc.,. Document received: The Defendant Dorchester Real Estate, Inc.'s Objections to the Plaintiff's Identification of Deposition Testimony and Interrogatories to be Offered at Trial.. (Gregory, Jay) |
| Filing 605 PRETRIAL MEMORANDUM by Dorchester Real Estate, Inc.,. (Gregory, Jay) |
| Filing 604 Proposed Document(s) submitted by Dorchester Real Estate, Inc.,. Document received: The Defendant, Dorchester Real Estate, Inc.'s Special Verdict Questions. (Gregory, Jay) |
| Filing 603 Proposed Document(s) submitted by Dorchester Real Estate, Inc.,. Document received: Designation by the Defendant, Dorchester Real Estate, Inc. of Deposition Testimony To Be Used At Trial. (Gregory, Jay) |
| Filing 602 Proposed Document(s) submitted by Dorchester Real Estate, Inc.,. Document received: The Defendant Dorchester Real Estate, Inc.'s Proposed Description of Case to be Read to Venire. (Gregory, Jay) |
| Filing 601 Prospective Witness List by Dorchester Real Estate, Inc.,. (Gregory, Jay) |
| Filing 600 MOTION in Limine to Preclude the Plaintiff From Offering Evidence Concerning Specific Types of Damages by Dorchester Real Estate, Inc.,.(Gregory, Jay) |
| Filing 599 MOTION in Limine to Preclude the Plaintiff from Eliciting Hearsay Testimony at Trial by Dorchester Real Estate, Inc.,.(Gregory, Jay) |
| Filing 598 MOTION in Limine to Preclude Testimony Concerning the Alleged Lost Value of the Plaintiff's Time by Dorchester Real Estate, Inc.,.(Gregory, Jay) |
| Filing 597 MOTION in Limine to Preclude Platinff from calling Irrelevant and/or Late-Disclosed Expert Witnesses at Trial by Dorchester Real Estate, Inc.,.(Gregory, Jay) |
| Filing 596 Proposed Jury Instructions by Dorchester Real Estate, Inc.,. (Gregory, Jay) |
| Filing 595 PRETRIAL MEMORANDUM by Robert Smith. (Groulx, Patrick) |
| Filing 594 Joint Exhibit List of Robert Smith and Dorchester Real Estate, Inc., Pursuant to the Court's Order of December 13, 2013 by Robert Smith.. (Groulx, Patrick) |
| Filing 593 STIPULATION of Facts for Trial of Robert Smith and Dorchester Real Estate Inc. by Robert Smith. (Groulx, Patrick) |
| Filing 592 MOTION for Writ of Habeas Corpus ad testificandum to Compel the Testimony of James Adamos by Robert Smith.(Groulx, Patrick) |
| Filing 591 Letter/request (non-motion) from Plaintiff's Counsel Re: Daubert Hearing and Testimony of Dr. Stanley V. Smith. (Plaut, Jonathan) |
| Judge Richard G. Stearns: ORDER entered canceling Daubert hearing scheduled for Thursday, February 13, in light of plaintiff Smith's representation that he will not be calling Dr. Stanley V. Smith as a witness at the trial on damages scheduled for February 24, 2014.The February 21, 2014 Final Pretrial Conference at 11 AM will remain as scheduled.(RGS, law1) |
| Filing 590 ELECTRONIC NOTICE OF RESCHEDULING as to TIME, only. Final Pretrial Conference RESET for 2/21/2014 at 11:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 589 Proposed Document(s) submitted by Robert Smith. Document received: Execution as to Defendant Louis Bertucci. (Groulx, Patrick) |
| NOTICE Resetting a Hearing due to a court conflict. Daubert Hearing RESET for 2/13/2014 at 2:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 588 Objection by Dorchester Real Estate, Inc., to the proposed damages testimony of Dr. Stanley V. Smith. (Gregory, Jay) |
| Filing 587 RESPONSE TO COURT ORDER by Robert Smith re 580 Order,, Summary of the Testimony of Dr. Stan Smith and Legal Basis for Its Admission. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Groulx, Patrick) |
| Filing 586 Clarifying Witness List by Robert Smith. (Groulx, Patrick) |
| Filing 585 Second Supplemental Witness List by Robert Smith. (Groulx, Patrick) |
| Filing 584 AFFIDAVIT in Support of Objection to Plaintiff's Witness Lists by Dorchester Real Estate, Inc.,. (Gregory, Jay) |
| Filing 583 Objection by Dorchester Real Estate, Inc., to the Plaintiff's Witness Lists. (Gregory, Jay) |
| Filing 582 ELECTRONIC NOTICE OF RESCHEDULING, due to a court conflict. Daubert Hearing RESET for 2/10/2014 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 581 ELECTRONIC NOTICE of Hearing. Daubert Hearing set for 2/6/2014 at 3:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 580 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #574 Objection filed by Dorchester Real Estate, Inc.,, #570 Witness List filed by Robert Smith. Plaintiff is directed to file, on or before Tuesday, January 14, 2014, a summary of the proposed testimony of Dr. Stanley Smith and an explanation of the legal basis for admission of such testimony in light of the First Circuit's remand. Defendant Century 21 must file its specific objections, if any, to the proposed testimony of Dr. Smith by Tuesday, January 21, 2014. A hearing on the admissibility of Dr. Smith's proposed testimony will be scheduled for Thursday, February 6, 2014.(RGS, law1) |
| Filing 579 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #570 Witness List filed by Robert Smith, #572 Witness List filed by Robert Smith.On or by January 10, 2014, plaintiff should submit a revised witness list containing only those witnesses who can competently testify to plaintiff's damages against Century 21. Plaintiff will not be permitted to call unidentified individuals, such as "A real estate broker (to be identified shortly) to testify as to the fair monthly rental value of the Dighton property..." (RGS, law1) |
| Filing 578 ELECTRONIC NOTICE OF RESCHEDULING as to TIME, only. Final Pretrial Conference set for 2/21/2014 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 577 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #574 Objection filed by Dorchester Real Estate, Inc.The court requests that defendant Dorchester Real Estate, Inc., direct the court to the specific docket entry or ruling referenced in defendant's objection as follows: "Smith also identifies Timothy Mahoney, the accountant previously precluded by this Court from testifying at trial because of Smith's failure to disclose him in a timely manner."(RGS, law1) |
| Filing 576 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #571 Motion to consolidate trials.The discrete issue of the damages award against Century 21 will be tried on February 24. Consolidation of this issue with a trial on a different defendant's liability is not in the interests of judicial economy. The court will separately schedule further proceedings on the remaining issues of (1) RKelley-Law P.C.'s liability, (2) NEMCO's Chapter 93A liability, and (3) Union Capital's 93A liability, in accordance with the First Circuit's remand. (RGS, law1) |
| Filing 575 MEMORANDUM in Opposition re #571 MOTION to Try the Defenses of RKelley-Law, P.C., with the Trial of Robert Smith's Damages at the Trial Scheduled for February 2014 filed by New England Merchants Corp. (Markoff, Michael) |
| Filing 574 Objection to #570 Witness List, #572 Witness List by Dorchester Real Estate, Inc., . (Gregory, Jay) |
| Filing 573 Opposition re #571 MOTION to Try the Defenses of RKelley-Law, P.C., with the Trial of Robert Smith's Damages at the Trial Scheduled for February 2014 filed by Dorchester Real Estate, Inc.,. (Gregory, Jay) |
| Filing 572 Supplemental Witness List by Robert Smith. (Groulx, Patrick) |
| Filing 571 MOTION to Try the Defenses of RKelley-Law, P.C., with the Trial of Robert Smith's Damages at the Trial Scheduled for February 2014 by Robert Smith.(Groulx, Patrick) |
| Filing 570 Witness List pursuant to the Court's Order of December 13, 2013, by Robert Smith. (Groulx, Patrick) |
| Filing 569 NOTICE of Appearance by Patrick M. Groulx on behalf of Robert Smith (Groulx, Patrick) |
| Filing 568 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Plaintiff shall file/disclose all witnesses he proposes to call, ONLY AS TO THE DAMAGES ISSUE, on or before 12/27/13 re #567 (Seelye, Terri) |
| Filing 567 Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re pretrial/trial - AS TO DAMAGES ONLY. Final Pretrial Conference set for 2/21/2014 at 3:00 PM and Jury Trial set for 2/24/2014 at 9:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Jury Trial set for 2/24/14 from 9:00 AM to 4:00 PM and 2/25/2014 - 2/28/2014 from 9:00 AM to 1:00 PM)(Seelye, Terri) |
| Filing 566 Case Reopened per 565 (Duong, Diep) |
| Filing 565 MANDATE of USCA as to #529 Notice of Appeal filed by Dorchester Real Estate, Inc.,, #537 Notice of Cross Appeal filed by Robert Smith, #532 Notice of Appeal filed by New England Merchants Corp. Appeal #529 , #532 , #537 Terminated (Paine, Matthew) |
| Filing 564 USCA Judgment as to #529 Notice of Appeal filed by Dorchester Real Estate, Inc. #537 Notice of Cross Appeal filed by Robert Smith, #532 Notice of Appeal filed by New England Merchants Corp. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is affirmed in part, reversed in part, and vacated in part, and the matter is remanded to the district court for further proceedings consistent with the opinion issued this day. (Paine, Matthew) |
| Filing 563 OPINION of USCA as to #529 Notice of Appeal filed by Dorchester Real Estate, Inc. #537 Notice of Cross Appeal filed by Robert Smith, #532 Notice of Appeal filed by New England Merchants Corp. (1) We vacate the damages award against Century 21 and remand for a new trial on damages; (2) reverse the judgment against NEMCO on Smith's Chapter 93A claim and remand for determination on the merits consistent with this opinion; (4) vacate the judgment in favor of RKelley-Law and remand for further proceedings, and (5) reverse the dismissal of the Chapter 93A claim against Union Capital and remand for a determination of the claim on the merits. We affirm in all other respects. (Paine, Matthew) |
| Filing 553 Transcript of Motion to Dismiss Hearing held on November 14, 2008, before Judge Richard G. Stearns. COA Case No. 11-2349, 11-2378 and 11-2389. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 3/26/2012. Redacted Transcript Deadline set for 4/5/2012. Release of Transcript Restriction set for 6/4/2012. (Scalfani, Deborah) |
| 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, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 552 Transcript of Hearing Re: Motions for Summary Judgment held on April 8, 2010, before Judge Richard G. Stearns. COA Case No. 11-2349, 11-2378 and 11-2389. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 3/23/2012. Redacted Transcript Deadline set for 4/2/2012. Release of Transcript Restriction set for 5/31/2012. (Scalfani, Deborah) |
| 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, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 551 Transcript of Jury Trial Day Eight held on October 21, 2010, before Judge Richard G. Stearns. COA Case No. 11-2349, 11-2378 and 11-2389. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 3/20/2012. Redacted Transcript Deadline set for 3/30/2012. Release of Transcript Restriction set for 5/28/2012. (Scalfani, Deborah) |
| Filing 550 Transcript of Motion Hearing held on February 7, 2011, before Judge Richard G. Stearns. COA Case No. 11-2349, 11-2378 and 11-2389. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 3/19/2012. Redacted Transcript Deadline set for 3/29/2012. Release of Transcript Restriction set for 5/28/2012. (Scalfani, Deborah) |
| Filing 549 Transcript of Jury Trial Day Nine held on October 22, 2010, before Judge Richard G. Stearns. COA Case No. 11-2349, 11-2378 and 11-2389. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 3/19/2012. Redacted Transcript Deadline set for 3/29/2012. Release of Transcript Restriction set for 5/28/2012. (Scalfani, Deborah) |
| 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, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 548 Transcript of Jury Trial Day One held on October 12, 2010, before Judge Richard G. Stearns. COA Case No. 11-2349. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 3/13/2012. Redacted Transcript Deadline set for 3/23/2012. Release of Transcript Restriction set for 5/21/2012. (Scalfani, Deborah) |
| 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, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 547 Transcript of Jury Trial Day Seven held on October 20, 2010, before Judge Richard G. Stearns. COA Case No. 11-2349. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012. (Scalfani, Deborah) |
| Filing 546 Transcript of Jury Trial Day Six held on October 19, 2010, before Judge Richard G. Stearns. COA Case No. 11-2349. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012. (Scalfani, Deborah) |
| 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, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 545 Transcript of Jury Trial Day Five held on October 18, 2010, before Judge Richard G. Stearns. COA Case No. 11-2349. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/13/2012. Redacted Transcript Deadline set for 2/23/2012. Release of Transcript Restriction set for 4/23/2012. (Scalfani, Deborah) |
| Filing 544 Transcript of Jury Trial Day Four held on October 15, 2010, before Judge Richard G. Stearns. COA Case No. 11-2349. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/13/2012. Redacted Transcript Deadline set for 2/23/2012. Release of Transcript Restriction set for 4/23/2012. (Scalfani, Deborah) |
| Filing 543 Transcript of Jury Trial Day Three held on October 14, 2010, before Judge Richard G. Stearns. COA Case No. 11-2349. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/13/2012. Redacted Transcript Deadline set for 2/23/2012. Release of Transcript Restriction set for 4/23/2012. (Scalfani, Deborah) |
| Filing 542 Transcript of Jury Trial Day Two (Testimony of Robert Smith) held on October 13, 2010, before Judge Richard G. Stearns. COA Case No. 11-2349. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/13/2012. Redacted Transcript Deadline set for 2/23/2012. Release of Transcript Restriction set for 4/23/2012. (Scalfani, Deborah) |
| 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, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 541 EXCERPT Transcript of Jury Trial Day Two (Testimony of Gloria J. Smith-McCray) held on October 13, 2010, before Judge Richard G. Stearns. COA Case No. 11-2378. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Helana Kline at helanakline@aol.com Redaction Request due 1/25/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/3/2012. (Scalfani, Deborah) Modified on 1/4/2012 (Scalfani, Deborah). |
| 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, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| TRANSCRIPT ORDER ACKNOWLEDGMENT FORM received from USCA and addressed to James Gibbons re #529 Notice of Appeal,,, #537 Notice of Cross Appeal,,, #532 Notice of Appeal,,, Transcript order form filed in USCA on December 14, 2011. Transcripts ordered: October 12, 13, 14, 15, 18, 19, 20, 21 and 22, 2010 and 2/7/11 Hearing. Transcripts due by 2/13/2012. (Scalfani, Deborah) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #540 Motion waive transcript fees (Flaherty, Elaine) |
| Filing 540 MOTION Waiver of Transcript Fees by Robert Smith. (Attachments: #1 Affidavit Affidvait of Indigency of the Plaintiff)(Plaut, Jonathan) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #536 Motion by plaintiff for defendants NEMC and Dorchester Real Estate to post Supersedeas Bonds Pending Appeal (RGS, law3) |
| TRANSCRIPT ORDER ACKNOWLEDGMENT FORM received from USCA and addressed to Helana Kline re #529 Notice of Appeal,,, #537 Notice of Cross Appeal,,, #532 Notice of Appeal,,, Transcript order form filed in USCA on December 5, 2011. Transcript ordered: Trial on October 13, 2010 due by 2/3/2012. (Scalfani, Deborah) Modified on 12/5/2011 (Scalfani, Deborah). |
| Filing 539 TRANSCRIPT ORDER FORM by Dorchester Real Estate, Inc., for proceedings held on 10/13/2010 before Judge Richard G. Stearns, (McCraw, Thomas) |
| USCA Case Number 11-2389 for #537 Notice of Cross Appeal, filed by Robert Smith. (Ramos, Jeanette) |
| Filing 538 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #537 Notice of Cross Appeal, (Ramos, Jeanette) |
| Filing 537 NOTICE OF CROSS APPEAL as to #528 Judgment, #527 Judgment by Robert Smith. ( Reason the filer is exempt from the payment of the fee: IFP granted.) 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 MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 12/13/2011. (Plaut, Jonathan) |
| Filing 536 MOTION to Order the Defendants to Obtain Supersedeas Bonds Pending Appeal by Robert Smith. (Attachments: #1 Affidavit)(Plaut, Jonathan) |
| Filing 535 Emergency MOTION for Leave to Appeal in forma pauperis by Robert Smith. (Attachments: #1 Affidavit to Accompany Motion for Leave to Appeal in Forma Pauperis)(Plaut, Jonathan) |
| Filing 534 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #532 Notice of Appeal, (Ramos, Jeanette) |
| USCA Case Number 11-2378 for #532 Notice of Appeal, filed by New England Merchants Corp. (Ramos, Jeanette) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #535 Motion for Leave to Appeal in forma pauperis (RGS, law3) |
| Filing 533 TRANSCRIPT ORDER FORM by Dorchester Real Estate, Inc., for proceedings held on 10/12-15, 10/18-22/2010 before Judge Richard G. Stearns, (McCraw, Thomas) |
| Filing 532 NOTICE OF APPEAL to #528 by New England Merchants Corp Filing fee: $ 455, receipt number 0101-3682370 Fee Status: Not Exempt. 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 MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 12/12/2011. (Markoff, Michael) Modified on 11/22/2011 (Flaherty, Elaine). |
| USCA Case Number 11-2349 for #529 Notice of Appeal, filed by Dorchester Real Estate, Inc.,. (Ramos, Jeanette) |
| Filing 531 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #529 Notice of Appeal, (Ramos, Jeanette) |
| Filing 530 EXCERPT Transcript of Jury Trial Day Four (Testimony of Stanley Smith) held on October 15, 2010, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 12/7/2011. Redacted Transcript Deadline set for 12/19/2011. Release of Transcript Restriction set for 2/14/2012. (Scalfani, Deborah) |
| Filing 529 NOTICE OF APPEAL to #527 by Dorchester Real Estate, Inc., Filing fee: $ 455, receipt number 0101-3674352 Fee Status: Not Exempt. 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 MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 12/6/2011. (McCraw, Thomas) Modified on 11/17/2011 (Flaherty, Elaine). |
| 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, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 528 Judge Richard G. Stearns: ORDER entered. AMENDED JUDGMENT to reflect the court's Order on May 3, 2011, granting judgment as a matter of law to Union Capital Mortgage Business Trust. (RGS, law3) |
| Filing 527 Judge Richard G. Stearns: ORDER entered. JUDGMENT (RGS, law3) |
| Filing 526 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #524 Motion for Costs Costs will not be awarded jointly and severally. (RGS, law3) Modified on 10/27/2011 (Flaherty, Elaine).PLEASE NOTE: THIS IS AN "ELECTRONIC ORDER" and there is no document number assigned, no hard copy. |
| Filing 525 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #522 Motion for Reconsideration [A] party may not, on a motion for reconsideration, advance a new argument that could (and should) have been presented prior to the district courts original ruling. Cochran v. Quest Software, Inc., 328 F.3d 1, 11 (1st Cir. 2003). The moving party must either clearly establish a manifest error of law or must present newly discovered evidence. Pomerleau v. W. Springfield Pub. Sch., 362 F.3d 143, 146 n.2 (1st Cir. 2004), quoting FDIC v. World Univ. Inc., 978 F.2d 10, 16 (1st Cir. 1992). NEMC has done neither.(RGS, law3) Modified on 10/27/2011 (Flaherty, Elaine)."PLEASE NOTE THIS IS AN ELECTRONIC ORDER AND THERE IS NO HARD COPY ATTACHED"(no document number) |
| Filing 524 MOTION for Costs Jointly and Severally Pursuant to Fed. R. Civ. P. 54(d) by Robert Smith.(Plaut, Jonathan) |
| Filing 523 Proposed Document(s) submitted by Robert Smith. Document received: Judgment. (Plaut, Jonathan) |
| Filing 522 MOTION for Reconsideration re #521 Memorandum & ORDER by New England Merchants Corp.(Markoff, Michael) |
| Filing 521 Judge Richard G. Stearns: ORDER entered. MEMORANDUM AND ORDER on Plaintiff's Motion to Award Damages Pursuant to Chapter 93A (RGS, law3) (Main Document 521 replaced on 4/17/2012) (Jones, Sherry). (Main Document 521 replaced on 4/17/2012) (Jones, Sherry). |
| Filing 520 SURREPLY to #455 Statement of counsel re. 93A Statement by New England Merchants Corp. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Markoff, Michael) Modified on 9/22/2011 to change the text to reflect the document that is being filed. (Finn, Mary). |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #519 Motion for Leave to File Document. Any surreply will be filed with the court no later than close of business on September 21, 2011. 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law3) |
| Filing 519 MOTION for leave to file a sur-reply to Pltf. Robert Smith's reply re #517 Reply to Response to Motion,, Request for Leave to File Sur-Reply by New England Merchants Corp. (Markoff, Michael) Modified on 9/16/2011 to make this document a pending motion. (Finn, Mary). |
| Filing 518 Assented to NOTICE of Withdrawal of Appearance by Douglas A. Robertson Notice of Withdrawal (Attachments: #1 Exhibit)(Robertson, Douglas) |
| Filing 517 REPLY to Response to #491 Objection, Order, #489 Response, #490 Objection filed by Robert Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Plaut, Jonathan) (Attachment 3 replaced on 9/13/2011) (Finn, Mary). Modified on 9/13/2011 to link to documents 489, 490 & 491, not document #514 and to seal exhibit 3 due to containing confidential material. (Finn, Mary). |
| Filing 516 Opposition re #515 MOTION for Writ Renewed Motion for Writ of Execution filed by Robert Smith. (Plaut, Jonathan) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying without prejudice #515 Motion for Writ of Execution filed by Union Capital Mortgage Business Trust. The court agrees with plaintiff insofar as it finds it appropriate to deny the execution of the writ pending the resolution of the plaintiff's appeal. The motion is DENIED without prejudice. (RGS, law1) |
| Filing 515 MOTION for Writ Renewed Motion for Writ of Execution by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit, #2 Exhibit)(Robertson, Douglas) |
| Filing 514 MOTION for Extension of Time to 9/12/11 to File Response/Reply as to #491 Objection, Order, #489 Response, #490 Objection by Robert Smith.(Plaut, Jonathan) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #514 Motion for Extension of Time to File Response/Reply to #489 , #490 , #491 by COB on September 12, 2011. (RGS, law1) |
| Filing 513 MANDATE of USCA as to #494 Notice of Appeal, filed by Robert Smith, #501 Notice of Appeal, filed by New England Merchants Corp, #504 Notice of Appeal, filed by Dorchester Real Estate, Inc.,. Appeal #501 , #504 , #494 Terminated. Mandate issued in the USCA 8/10/2011 (Ramos, Jeanette) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered. In light of #510 , plaintiff will have 14 days (August 25, 2011) to file replies to NEMC, Jenkins, and Bertucci's responses to plaintiff's 93A claims. See #489 , #490 , and #491 .(RGS, law1) |
| Filing 512 NOTICE of Withdrawal of Appearance by Anthony R. Brighton (Brighton, Anthony) |
| Filing 511 MOTION to Withdraw as Attorney Linda S. Charet by Meritage Mortgage Corporation. (Attachments: #1 Supplement MOL in Support to Withdraw as Counsel, #2 Supplement Declaration of Linda S. Charet, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Text of Proposed Order Proposed Order)(Charet, Linda) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #511 Motion to Withdraw as Attorney. Attorney Linda S. Charet terminated (Flaherty, Elaine) |
| Filing 510 USCA Judgment # 11-1528 as to #494 Notice of Appeal, filed by Robert Smith DISMISSED(Castilla, Francis) Modified on 7/27/2011 (Orozco, Frances). |
| Filing 509 Opposition re #508 MOTION for Writ of Execution filed by Robert Smith. (Plaut, Jonathan) |
| Filing 508 MOTION for Writ of Execution by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit, #2 Exhibit)(Robertson, Douglas) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #508 Motion for Writ of Execution. The motion is DENIED WITHOUT PREJUDICE pending the resolution of plaintiff's appeal. (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered. Any parties that entered exhibits into evidence during the Chapter 93A hearing held on 2/10/11 should contact Elaine Flaherty to make arrangement to retrieve their respective exhibits. If the Court does not hear from any party regarding its exhibit)s) by 7/31/11, the court will presume the exhibit(s) may be discarded. (Flaherty, Elaine) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #507 Motion for Reconsideration. (RGS, law1) |
| Filing 507 MOTION for Reconsideration re Order on Motion for Costs by Robert Smith.(Plaut, Jonathan) |
| Filing 506 Judge Richard G. Stearns: ORDER entered denying #493 Motion for Reconsideration. See attached. (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #496 Motion for Costs. See B. Fernandez & HNOS., Inc. v. Kellogg USA, Inc., 516 F.3d 18, 28 (1st Cir. 2008). The court notes the absence of an opposition by plaintiff. (RGS, law1) |
| USCA Case Number 11-1616 for #504 Notice of Appeal, filed by Dorchester Real Estate, Inc.,. (Ramos, Jeanette) |
| TRANSCRIPT ORDER ACKNOWLEDGMENT FORM received from USCA and addressed to James Gibbons re #494 Notice of Appeal,,, #501 Notice of Appeal,,, #504 Notice of Appeal,,, Transcript order form filed in USCA on June 6, 2011.Transcripts ordered: October 12 through October 22 Trial, Jury Instructions, Closing Arguments etc. Transcripts due by 8/5/2011. (Scalfani, Deborah) |
| Filing 505 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #504 Notice of Appeal, (Ramos, Jeanette) |
| Filing 504 NOTICE OF APPEAL by Dorchester Real Estate, Inc., Filing fee: $ 455, receipt number 0101-3424631 Fee Status: Not Exempt. 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 MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 6/15/2011. (McCraw, Thomas) |
| Filing 503 Judge Richard G. Stearns: ORDER entered denying #499 Motion for Extension of Time to File as the court lacks jurisdiction. (RGS, law1) |
| Filing 502 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #501 Notice of Appeal, (Ramos, Jeanette) |
| Filing 501 NOTICE OF APPEAL by New England Merchants Corp Fee Status: Attorney Markoff paid by check on 5/24/11. 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 MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 6/14/2011. (Markoff, Michael) Modified on 5/25/2011 (Hurley, Virginia). |
| USCA Case Number 11-1600 for #501 Notice of Appeal, filed by New England Merchants Corp. (Ramos, Jeanette) |
| Notice of correction to docket made by Court staff. Docket entry #501 corrected to reflect proper filing fee status. Attorney was directed by the Clerk's Office to select "state or local agency" to accommodate the filing fee having been previously paid by check. (Hurley, Virginia) |
| Filing fee/payment: $ 455.00, receipt number BST024286 for #501 Notice of Appeal, (Russo, Patricia) Modified on 6/20/2011 (Diskes, Sheila). |
| Filing 500 Letter/request (non-motion) from Patrick M. Groulx Requesting E-mail Notice of ECF Filings in this Matter. (Groulx, Patrick) |
| Filing 499 MOTION for Extension of Time to May 30, 2011 to File Supplemental Notice of Appeal by Robert Smith. (Attachments: #1 Exhibit Supplemental Notice of Appeal)(Baker, Jeffrey) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #497 Motion for Extension of Time to File; granting #498 Motion for Extension of Time to File Response/Reply re #493 MOTION for Reconsideration re #492 Order on Motion for Judgment as a Matter of Law,, #496 MOTION for Costs ( Responses due by 6/2/2011) (Flaherty, Elaine) |
| Filing 498 MOTION for Extension of Time to June 2, 2011 to File Response/Reply as to #496 MOTION for Costs, #493 MOTION for Reconsideration re #492 Order on Motion for Judgment as a Matter of Law, by Robert Smith.(Baker, Jeffrey) |
| Filing 497 MOTION for Extension of Time to May 16, 2011 to File Supplemental Notice of Appeal by Robert Smith. (Attachments: #1 Supplemental Notice of Appeal)(Baker, Jeffrey) |
| Filing 496 MOTION for Costs by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit)(Robertson, Douglas) |
| Filing 495 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #494 Notice of Appeal, (Ramos, Jeanette) |
| Filing 494 NOTICE OF APPEAL as to #452 Judgment, #488 Order on Motion for Judgment as a Matter of Law,,,,,,, #492 Order on Motion for Judgment as a Matter of Law, #166 Memorandum & ORDER by Robert Smith Filing fee: $ 455, receipt number 0101-3398292 Fee Status: Not Exempt. 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. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 5/31/2011. (Baker, Jeffrey) |
| USCA Case Number 11-1528 for #494 Notice of Appeal, filed by Robert Smith. (Ramos, Jeanette) |
| Filing 493 MOTION for Reconsideration re #492 Order on Motion for Judgment as a Matter of Law, by New England Merchants Corp.(Markoff, Michael) |
| Filing 492 Judge Richard G. Stearns: ORDER entered denying #459 Motion for Judgment as a Matter of Law; denying #461 Motion for Judgment as a Matter of Law; granting #457 Motion for Judgment as a Matter of Law. (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered. #458 MOTION for Judgment as a Matter of Law under Fed. R. Civ. P. 50(b) with respect to the fraud count is DENIED. See Havinga v. Crowley Towing & Transp. Co., 24 F.3d 1480, 1483 (1st Cir. 1994). (See #488 for Order on Motion for Judgment as a Matter of Law under Fed. R. Civ. P. 50(b) with respect to the Chapter 93A count.) (RGS, law1) |
| Filing 491 Objection to #455 Statement of counsel,, by New England Merchants Corp Response to Plaintiff's Statement Concerning 93A Claim. (Attachments: #1 Exhibit)(Markoff, Michael) |
| Filing 490 Objection to #455 Statement of counsel,, by Dwight Jenkins. (Domenico, Geoffrey) |
| Filing 489 Response by Louis G. Bertucci to #488 Order on Motion for Judgment as a Matter of Law,,,,,,, with certificate of service. (Attachments: #1 Exhibit Affidavit of Louis Bertucci)(Fein, Christopher) |
| Filing 488 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #457 Motion for Judgment as a Matter of Law; denying #458 Motion for Judgment as a Matter of Law. This Memorandum and Order resolves the threshold jurisdictional issue of whether Plaintiff made proper service on all defendants of the demand letters, as well as the merits of the claim against EB Real Estate Group, Inc. The motions for judgment as a matter of law on Smith's Chapter 93A claim by defendants Fremont, Union, Dorchester, and RE/MAX are ALLOWED. The motion by Bertucci for judgment as a matter of law is DENIED. NEMC, Jenkins, and Bertucci have 15 days from the date of this Order to file a response to Smith's Chapter 93A request for multiple damages and attorneys' fees. Smith will have 10 days thereafter to file a reply. A separate Order regarding defendants' Rule 50(b) and Rule 59(a) motions will follow. (RGS, law1) |
| Filing 487 NOTICE of Change of Address or Firm Name by Elizabeth E. Feeherry (Feeherry, Elizabeth) |
| Filing 486 NOTICE of Withdrawal of Appearance by Kate L. Moran (Moran, Kate) |
| ELECTRONIC NOTICE issued requesting courtesy copy for #484 Brief,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Flaherty, Elaine) |
| Filing 485 BRIEF by Signature Group Holdings, Inc. Regarding Sufficiency of Service of Chapter 93A Demand Letter. (Attachments: #1 Exhibit A -- Mapquest and Google Maps Printouts)(Kennedy, J.) |
| Filing 484 BRIEF by Robert Smith Demonstrating His Compliance with mailing a 30 day demand letter pursuant to G.L. c. 93A sec. 9. (Attachments: #1 93A Demand Letter, #2 Certified Returns, #3 File Memorandum, #4 93A Demand Letter, #5 Affidavit of Jonathan Plaut, #6 Summary screen for C21, #7 Bean v. Cy, #8 Zoppo v. John Hancock, #9 Rita v. Carella, #10 Kenney v. Boston Mutual, #11 Summary screen for Union)(Plaut, Jonathan) |
| Filing 483 MEMORANDUM OF LAW by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 482 MEMORANDUM OF LAW by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Brighton, Anthony) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Hearing re Chapter 93A Jurisdictional Issues held on 2/7/2011. The parties have until Tuesday, 2/15/2011, to submit supplemental briefing with legal authority on the issue of sufficiency of service of the 93A demand letters. Given that there are nearly 500 filings and orders in this case, parties who feel they have already provided legal support for their positions should still submit filings listing BOTH the DOCKET NUMBER and PAGE NUMBER to direct the court to their arguments. Parties should consult this court's standing rules before making any submissions. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Plaut, Baker, McLaughlin, Fein, Kennedy, Robertson, King, McGraw, Gregory, Markoff, Domenico, Feeherry) (RGS, law1) |
| Filing 481 AMENDED DOCUMENT by Robert Smith. Supplement to Itemization of Attorney's Time and Expenses. (Plaut, Jonathan) |
| Filing 480 Request for Judicial Notice by Signature Group Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kennedy, J.) |
| Filing 479 Response by EB Real Estate Group, Inc. to #455 Statement of counsel,, and Affidavits of Counsel. (Feeherry, Elizabeth) |
| Filing 478 Judge Richard G. Stearns: ORDER entered regarding upcoming Chapter 93A hearing on February 7, 2011. Based on the voluminous post-verdict briefings filed by the parties, the court has rescheduled the hearing from 3:30PM to an earlier start time at 2PM to give the parties an opportunity to be heard on all the relevant issues.(RGS, law1) |
| Filing 477 AFFIDAVIT of Patrick Groulx re #455 Statement of counsel,, in support of 93A attorneys' fees and expenses petition by Robert Smith. (Plaut, Jonathan) |
| Filing 476 AFFIDAVIT of Jonathan D. Plaut re #455 Statement of counsel,, in support of 93A attorneys' fees and expenses petition by Robert Smith. (Plaut, Jonathan) |
| Filing 475 AFFIDAVIT of Jeffrey S. Baker re #455 Statement of counsel,, in support of 93A Attorneys' Fees and Expenses petition by Robert Smith. (Attachments: #1 Exhibit 1 - Itemization of time and expenses, #2 Itemization of time and expenses pages 26-50, #3 Itemization of time and expenses pages 51-87)(Plaut, Jonathan) |
| ELECTRONIC NOTICE issued requesting courtesy copy for #477 Affidavit, #476 Affidavit, #475 Affidavit,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. PLEASE FILE ASAP, as hearing is scheduled for Monday. (Flaherty, Elaine) |
| Filing 474 REPLY to Response to #473 MOTION for Leave to File Reply to Plaintiff's Opposition to Motion Regarding Chapter 93A Action filed by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #473 Motion for Leave to File Document ; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1) |
| Filing 473 MOTION for Leave to File Reply to Plaintiff's Opposition to Motion Regarding Chapter 93A Action by Dorchester Real Estate, Inc.,. (Attachments: #1 Exhibit Proposed Reply Brief)(McCraw, Thomas) |
| Filing 472 SUR-REPLY to Motion re #457 MOTION for Judgment as a Matter of Law Purs. to Fed. R. Civ. P. 50(b) filed by Union Capital Mortgage Business Trust filed by Robert Smith. (Attachments: #1 Exhibit Richman Trial Testimony, #2 Exhibit Bryant Trial Testimony)(Plaut, Jonathan) |
| Filing 471 BRIEF by Robert Smith to #465 Response by Century 21 Regarding Plaintiff's 93A Claim. (Attachments: #1 Exhibit 93A Demand Letter, #2 Exhibit Summary Screen for Century 21, #3 Affidavit Affidavit of Jonathan Plaut, #4 Exhibit File Memorandum of 2.21.2007, #5 Exhibit Bean v. Cy, #6 Exhibit Zoppo v. John Hancock, #7 Exhibit Rita v. Carella, #8 Exhibit Kenney v. Boston Mutual)(Plaut, Jonathan) |
| Filing 470 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 469 EXCERPT Transcript of Testimony of John Richman held on October 19, 2010, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/9/2011. Redacted Transcript Deadline set for 2/22/2011. Release of Transcript Restriction set for 4/19/2011. (Scalfani, Deborah) |
| Filing 468 EXCERPT Transcript of Testimony of Linda Bryant held on October 19, 2010, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/9/2011. Redacted Transcript Deadline set for 2/22/2011. Release of Transcript Restriction set for 4/19/2011. (Scalfani, Deborah) |
| Filing 467 BRIEF by Union Capital Mortgage Business Trust (Supplemental) Filing Transcripts of John Richman and Linda Bryant per Court Order. (Robertson, Douglas) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered. The court will treat Dorchester Real Estate's Response to Smith's Statement regarding his Mass. Gen. Laws ch. 93A claim (Dkt # 465) filed on December 8, 2010, as a motion for summary judgment on that 93A claim. Smith has twenty-one days (until January 20, 2011) to file any opposition. SO ORDERED. (Zierk, Marsha) |
| Filing 465 Response by Dorchester Real Estate, Inc., to Plaintiff's 93A Statement. (Attachments: #1 Affidavit of Karin Cahill)(McCraw, Thomas) |
| Filing 464 MOTION Motion to Wait for Trial Transcripts by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 463 Letter/request (non-motion) from Attorney Douglas A. Robertson. (Robertson, Douglas) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #464 Motion Wait for Trial Transcripts to Rule on Union Capital's Motion. (RGS, law1) |
| Filing 462 Opposition re #457 MOTION for Judgment as a Matter of Law Purs. to Fed. R. Civ. P. 50(b), #461 MOTION for Judgment as a Matter of Law, #458 MOTION for Judgment as a Matter of Law with certificate of service, #459 MOTION for Judgment as a Matter of Law filed by Robert Smith. (Attachments: #1 Trial Exhibit 64, #2 Trial Exhibit 100, #3 Trial Exhibit 105, #4 Trial Exhibit 108, #5 Trial Exhibit 111, #6 Trial Exhibit 120, #7 Trial Exhibit 121, #8 Trial Exhibit 122, #9 Trial Exhibit 123, #10 Trial Exhibit 132, #11 Trial Exhibit 141A, #12 Trial Exhibit 141B, #13 Trial Exhibit 146, #14 Trial Exhibit 147, #15 Exhibit A, #16 Exhibit B, #17 Exhibit C, #18 Exhibit D, #19 Exhibit E)(Plaut, Jonathan) |
| ELECTRONIC NOTICE of Hearing : Regarding 93A claim, set for 2/7/2011 at 3:30 PM in Courtroom 21 before Judge Richard G. Stearns. FURTHER, court will also hear specific argument regarding those defendants the plaintiff seeks double damages, those defendants the plaintiff seeks treble damages and why treble damages are warranted against those defendants. The court will also hear argument regarding attorney fees to determine whether they are reasonable.(Seelye, Terri) |
| Trial Exhibits and miscellaneous documents left in courtroom returned to plaintiff 12/2/10. (Seelye, Terri) |
| Filing 461 MOTION for Judgment as a Matter of Law by Dorchester Real Estate, Inc.,.(McCraw, Thomas) |
| Filing 460 MEMORANDUM in Support re #459 MOTION for Judgment as a Matter of Law filed by New England Merchants Corp. (Markoff, Michael) |
| Filing 459 MOTION for Judgment as a Matter of Law by New England Merchants Corp.(Markoff, Michael) |
| Filing 458 MOTION for Judgment as a Matter of Law with certificate of service by Louis G. Bertucci.(Fein, Christopher) |
| Filing 457 MOTION for Judgment as a Matter of Law Purs. to Fed. R. Civ. P. 50(b) by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit A, #2 Exhibit B)(Robertson, Douglas) |
| Filing 456 Response by Signature Group Holdings, Inc. to #455 Statement of counsel,, of Plaintiff Robert Smith Concerning the G.L. c. 93A Claim. (Kennedy, J.) |
| ELECTRONIC NOTICE issued requesting courtesy copy for #455 Statement of counsel,,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Flaherty, Elaine) |
| Filing 455 STATEMENT OF COUNSEL of Jeffrey S. Baker and Jonathan D. Plaut re #454 Electronic Endorsement (non-order) Regarding 93A Count, Attorney's Fees, Costs and Proceedings by Robert Smith. (Attachments: #1 Exhibit 93A letter, #2 Exhibit 93A letter to Bertucci, #3 Exhibit 93A letter certified green cards, #4 Exhibit File Memorandum of 2.21.2007, #5 Exhibit Affidavit of Jonathan Plaut, #6 Exhibit Summary Screen - Union, #7 Exhibit Summary Screen - C21, #8 Exhibit Loan application by Goodwin, #9 Exhibit Re-Max Rule 26 Disclosure supplement, #10 Exhibit Re-Max and Jenkins flyer, #11 Exhibit AG v. Fremont SJC rulings)(Plaut, Jonathan) |
Filing 454
ORDER, ENTERED. #453 Letter/request (non-motion) (RGS, law1)See attached Order. Modified on 11/3/2010 (Flaherty, Elaine). Modified on 11/4/2010 (Flaherty, Elaine).
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| Filing 453 Letter/request (non-motion) from Plaintiff Robert Smith Regarding Scheduling of Evidentiary Heraing on 93A Claim. (Plaut, Jonathan) |
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ORDER, ENTERED. #450 MOTION FOR OFFSET OR REMITTATAUR filed by Dwight Jenkins (RGS, law1)DENIED. See Correa v. Hosp. San Francisco, 69 F.3d 1184, 1197 (1st Cir. 1995). Modified on 11/4/2010 (Flaherty, Elaine).
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| Filing 452 Judge Richard G. Stearns: JUDGMENT, ENTERED. (Flaherty, Elaine) |
| Civil Case Terminated. (Flaherty, Elaine) |
| Filing 451 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(a) and 52(c) by Signature Group Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kennedy, J.) |
| Filing 450 MOTION FOR OFFSET OR REMITTATAUR by Dwight Jenkins.(Domenico, Geoffrey) |
| Filing 449 Proposed Document(s) submitted by Robert Smith. Document received: Proposed Judgment. (Plaut, Jonathan) |
| Filing 448 JURY VERDICT in favor of Plaintiff Robert Smith against Defendants Dorchester Real Estate Group, Inc. (Century 21), New England Merchants Corp. (NEMCO), Union Captial Mortgage Business Trust (Union Capital), Louis Bertucci & Dwight Jenkins. (Seelye, Terri) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Nine held on 10/22/2010; Jurors began deliberations at 9:00 a.m.; jury question (Marked for Id: B); jury note re: verdict reached (Marked for Id: C); verdict returned at 4:05 p.m.; Jurors released at 4:12; Plaintiff to file a proposed form of judgment on or before 11/1/10. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Plaut, Baker; Domenico, Feeherry, Fein, Gregory, King, Markoff, McCraw, Robertson) (Seelye, Terri) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Eight held on 10/21/2010. Hearing with counsel; closing arguments; jury instructions; jury foreperson selected; jurors excused to deliberate at 2:15 p.m.; jurors excused for the day at 4:00 p.m.; jurors to resume deliberations at 9:00 a.m. on 10/22/10. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Plaut, Baker; Domenico, Feeherry, Fein, Gregory, King, Markoff, McCraw, Robertson) (Seelye, Terri) |
| Filing 445 Response by Robert Smith to #442 Notice (Other) Court's Proposed Jury Verdict and Request for Jury Instructions. (Plaut, Jonathan) |
| Filing 444 MEMORANDUM in Support re #443 MOTION for Judgment as a Matter of Law filed by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 443 MOTION for Judgment as a Matter of Law by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 442 NOTICE (RGS, law clerk)Posted draft of verdict slip to aid parties in their preparations for the pre-charge conference. A draft of jury instructions will not be available until the conference. |
| Filing 441 MOTION pursuant to Fed.R.Civ.P. 50(a) for Judgment as a Matter of Law on plaintiff Robert Smith's claims against NEMCO for fraud, breach of fiduciary duty. by New England Merchants Corp.(Seelye, Terri) |
| Filing 440 Supplemental Proposed Jury Instructions by New England Merchants Corp. (Markoff, Michael) |
| Filing 439 Supplemental Proposed Jury Instructions by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Seven held on 10/20/2010. Resume with testimony of Louis Bertucci; plaintiff calls Robert E. Kelley, recalls Robert Smith; Exhibits admitted 151-154; defendants call Evana Foley; Jurors excused for the day at 12:30; trial to resume at 8:45 a.m. with counsel; Jurors to return at 9:30 a.m. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com)(Attorneys present: Plaut, Baker; Bauer, Brighton, Domenico, Feeherry, Fein, Gregory, Kennedy, King, Markoff, McCraw, McLaughlin, Moran, Randall, Robertson) (Seelye, Terri) |
| Supplemental Clerk's Notes (RGS, law1)Judgments on motions for judgments as a matter of law were rendered while court was in session, outside the presence of the jury. The motions were allowed in part and denied in part provisionally at the close of the plaintiff's evidence and then confirmed at the close of the case. See the trial transcript for the actual rulings. |
| Filing 438 Exhibit List D. JENKINS DEPO DESIGNATIONS 11-16-09 by Cherry Jenkins, Dwight Jenkins, Dorea Smith.. (Domenico, Geoffrey) |
| Filing 437 MOTION for Leave to File the Loan Application for 285 Neponset Avenue, Dorchester by Robert Smith. (Attachments: #1 Exhibit)(Plaut, Jonathan) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Six held on 10/19/2010; plaintiff calls Linda Bryant; Maria DaSilva; Cherry Jenkins; Dorea Smith; George Fabrizio; John Richman; Louis Bertucci; Exhibits 141 - 150 admitted; jurors excused for the day at 1:05; hearing with counsel; trial to resume 10/20/10 at 9:00 a.m. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com)(Attorneys present: Plaut, Baker; Bauer, Brighton, Domenico, Feeherry, Fein, Gregory, Kennedy, King, Markoff, McCraw, McLaughlin, Moran, Randall, Robertson) (Seelye, Terri) |
| Judge Richard G. Stearns: AMENDED ENDORSED ORDER entered re #436 MOTION for leave to read excerpts of deposition of Philip J. Goodwin to the jury. DENIED as to reading. The court will permit counsel to read in for the record the statement that when deposed Goodwin refused to answer questions regarding his dealing with Dwight Jenkins, Laurice Taylor, James Adamos, Louis Bertucci, and Robert Kelley or his employers/supervisors at Union Capital, all on grounds that his answers might be personally incriminating. SO ORDERED.(Seelye, Terri) |
| Judge Richard G. Stearns: ENDORSED ORDER entered denying #437 Motion for order to admit into evidence a portion of Exhibit marked for Identification Number 1, the loan application for 285 Neponset Avenue, Dorchester, as evidence of plan and intent of Dwight Jenkins and Dorchester Real Estate, Inc. (Seelye, Terri) |
| Filing 436 MOTION for leave to read excerpts of deposition of Philip J. Goodwin to the jury. (Attachments: #1 Exhibit)(Plaut, Jonathan) Modified event & text on 10/18/2010 (Seelye, Terri). |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Five held on 10/18/2010; plaintiff calls Louis G. Avila, Mark Warren, Philip Goudti, recalls James Adamos; Exhibits admitted: 136 - 140; Jurors excused for the day at 1:02 pm; trial to resume 10/19/10 at 9:00 a.m.. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com)(Attorneys present: Plaut, Baker; Bauer, Brighton, Domenico, Feeherry, Fein, Gregory, Kennedy, King, Markoff, McCraw, McLaughlin, Moran, Randall, Robertson) (Seelye, Terri) |
| Judge Richard G. Stearns: ENDORSED ORDER entered denying #436 Motion for leave to read excerpts of deposition of Philip J. Goodwin to the jury. The transcript contains no substantive testimony, only a serial repetition of the privilege against self-incrimination. SO ORDERED. (Seelye, Terri) |
| Judge Richard G. Stearns: ENDORSED ORDER entered denying #433 Motion to Strike. Any infirmities in the witness's testimony were exposed during cross-examination. Whether these undermine the creditability of the witness's ultimate opinion(s) are for the jury to determine. SO ORDERED. (Seelye, Terri) |
| Filing 435 AFFIDAVIT of Thomas K. McCraw, Jr. in Support re #433 MOTION to Strike Trial Testimony of Stan V. Smith, Ph.D. filed by Dorchester Real Estate, Inc.,. (Attachments: #1 Exhibit Deposition Testimony of Stan V. Smith)(McCraw, Thomas) |
| Filing 434 MEMORANDUM in Support re #433 MOTION to Strike Trial Testimony of Stan V. Smith, Ph.D. filed by Dorchester Real Estate, Inc.,, EB Real Estate Group, Inc., Robert E. Kelley, Mid City Mortgage, LLC, New England Merchants Corp, RKelley-Law, P.C., Signature Group Holdings, Inc., Union Capital Mortgage Business Trust. (McCraw, Thomas) |
| Filing 433 MOTION to Strike Trial Testimony of Stan V. Smith, Ph.D. by Dorchester Real Estate, Inc.,, EB Real Estate Group, Inc., Robert E. Kelley, Mid City Mortgage, LLC, New England Merchants Corp, RKelley-Law, P.C., Signature Group Holdings, Inc., Union Capital Mortgage Business Trust.(McCraw, Thomas) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Four held on 10/15/2010; plaintiff calls Peggy Cansdale, P.J. Goodwin; Dr. Stanley Smith; Exhibit admitted 135; jurors excused for the day at 1:14 p.m.; trial to resume at 9:00 a.m. on 10/18/10. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com)(Attorneys present: Plaut, Baker; Bauer, Brighton, Domenico, Feeherry, Fein, Gregory, Kennedy, King, Markoff, McCraw, McLaughlin, Moran, Randall, Robertson) (Seelye, Terri) |
| Filing 432 Objection by Dorchester Real Estate, Inc., to Plaintiffs' Designations of Deposition Testimony. (McCraw, Thomas) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Three held on 10/14/2010. Hearing with counsel; resume testimony with Gloria McCray; plaintiff calls Karen B.Cahill, Dwight Jenkins, James Adamos; Exhibits admitted: 128 - 134; jurors excused for the day at 1:04 p.m.; trial to resume at 9:00 a.m. (or earlier) on 10/15/10. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com)(Attorneys present: Plaut, Baker; Bauer, Brighton, Domenico, Feeherry, Fein, Gregory, Kennedy, King, Markoff, McCraw, McLaughlin, Moran, Randall, Robertson) (Seelye, Terri) |
| Filing 431 NOTICE by New England Merchants Corp re #429 Notice (Other), Notice (Other) Objections to Plaintiffs' Designations of Deposition of Dwight Jenkins Taken in Present Case (Markoff, Michael) |
| Filing 430 NOTICE by New England Merchants Corp re #429 Notice (Other), Notice (Other) Objections to Plaintiffs' Designations of Dwight Jenkins' Superior Court Deposition (Markoff, Michael) |
| Filing 429 NOTICE by Maria DaSilva, Robert Smith of Filing of Portions of Deposition Transcripts of Dwight Jenkins as Identified in Plaintiffs' Pretrial Memorandum (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Exhibit B-1, #10 Exhibit B-2, #11 Exhibit B-3)(Baker, Jeffrey) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Two held on 10/13/2010; Plaintiff calls Robert Smith; Gloria McCray; Exhibits admitted: 119 - 127; jurors excused for the day at 1:10 p.m.; trial to resume 10/14/10 at 9:00 a.m.(Court Reporter: James Gibbons at jmsgibbons@yahoo.com, Helana Kline at 508-525-7769)(Attorneys present: Plaut, Baker; Bauer, Brighton, Domenico, Feeherry, Fein, Gregory, Kennedy, King, Markoff, McCraw, McLaughlin, Moran, Randall, Robertson) (Seelye, Terri) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered reserving ruling on #365 Motion in Limine (RGS, law1)Reserved for trial pending a showing of agency/employment relationship. |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #428 Motion to preclude plaintiffs from offering exhibits that plaintiffs have not premarked. (RGS, law1) |
| Filing 428 MOTION To Preclude Plaintiffs from Offering Exhibits That Plaintiffs Have Not Premarked by Dorchester Real Estate, Inc.,, EB Real Estate Group, Inc., Cherry Jenkins, Dwight Jenkins, Robert E. Kelley, Mid City Mortgage, LLC, RKelley-Law, P.C., Dorea Smith, Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit Exhibit 1)(Moran, Kate) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day One held on 10/12/2010; Jury selection with a jury of 8 seated; Opening Statements; jurors excused for the day at 1:36; trial to resume at 9:00 a.m. on 10/13/10. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Plaut, Baker; Bauer, Brighton, Domenico, Feeherry, Fein, Gregory, Kennedy, King, Markoff, McCraw, McLaughlin, Moran, Randall, Robertson) (Seelye, Terri) |
| Filing 427 Supplemental Proposed Jury Instructions by New England Merchants Corp. (Markoff, Michael) |
| Filing 426 Third and Final Amended Exhibit List by All Parties. (Moran, Kate) Modified text on 10/12/2010 (Seelye, Terri). |
| Filing 425 ANSWER to #248 Second Amended Complaint by Cherry Jenkins, Dwight Jenkins, Dorea Smith.(Domenico, Geoffrey) Modified text on 10/12/2010 (Seelye, Terri). |
| Filing 424 Amended Joint Exhibit List As to Which There are No Objections by Louis G. Bertucci, Dorchester Real Estate, Inc.,, EB Real Estate Group, Inc., Cherry Jenkins, Dwight Jenkins, Robert E. Kelley, Mid City Mortgage, LLC, New England Merchants Corp, RKelley-Law, P.C., Signature Group Holdings, Inc., Dorea Smith, Union Capital Mortgage Business Trust.. (Moran, Kate) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Final Pretrial Conference held on 10/8/2010. (Court Reporter: None.)(Attorneys present: Plaut, Baker; Bauer, Brighton, Domenico, Feeherry, Fein, Gregory, Kennedy, King, Markoff, McCraw, McLaughlin, Moran, Randall, Robertson) (Seelye, Terri) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #370 Motion in Limine "Allowed except as to the Cease and Desist Order." (Flaherty, Elaine) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #372 Motion in Limine "Allowed as to post-employment conduct and to alleged non-party "straw" buyers." (Flaherty, Elaine) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered reserving ruling on #365 Motion in Limine "To be resolved at trial. The issues turns on whether plaintiffs can produce evidence of an employment/agency relationship." (Flaherty, Elaine) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #367 Motion in Limine (Flaherty, Elaine) |
| Filing 423 Supplemental Proposed Jury Instructions by Signature Group Holdings, Inc.. (Kennedy, J.) |
| Filing 422 Writ of Habeas Corpus ad Testificandum Issued to US Marshal as to Dwight Jenkins for October 14, 2010. (Seelye, Terri) |
| Filing 421 Opposition re #367 MOTION in Limine To Preclude Reference to Unrelated Real Estate Transactions filed by Robert Smith. (Plaut, Jonathan) |
| Filing 420 Opposition re #370 MOTION in Limine to Preclude Evidence of Massachusetts Commissioner of Banks' Findings of Fact, Temporary Restraining Orders and Consent Orders and "Stipulation and Consent Orders" with the Massachusetts Attorney General filed by Robert Smith. (Attachments: #1 Exhibit)(Plaut, Jonathan) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #418 Motion for Writ of Habeas Corpus Ad Testificandum as to Dwight Jenkins; writ to issue. (Seelye, Terri) |
| Filing 419 NOTICE by Robert Smith re #411 Pretrial Memorandum Supplement (Plaut, Jonathan) |
| Filing 418 MOTION for Writ of Habeas Corpus ad testificandum for Dwight Jenkins by Robert Smith.(Plaut, Jonathan) |
| Filing 417 Response by Robert Smith to #413 Objection by Union Capital to Introduction of Dwight Jenkins' 2006 Deposition Transcript. (Attachments: #1 Exhibit, #2 Exhibit)(Plaut, Jonathan) |
| Filing 416 NOTICE by Robert Smith re #410 Notice (Other), Notice (Other) re: Joint Exhibit List (Plaut, Jonathan) |
| Filing 415 REPLY to Response to #358 MOTION in Limine to Preclude Evidence of the Mass. Attorney General Enforcement Action Against Fremont Investment and Loan filed by Signature Group Holdings, Inc.. (Kennedy, J.) |
| Filing 414 Opposition re #365 MOTION in Limine To Exclude Hearsay Statements of Laurice Taylor and Starr Mosley Or, In The Alternative, For a Limiting Instruction filed by Robert Smith. (Plaut, Jonathan) |
| Filing 413 Objection by Union Capital Mortgage Business Trust to Plts.' designation of deposition testimony of D. Jenkins on 11-28-06 to be read to the jury. (Robertson, Douglas) |
| Filing 412 Objection by Union Capital Mortgage Business Trust to Plts.' Designation of deposition testimony of Dwight Jenkins on November 16, 2009 to be read to the jury. (Robertson, Douglas) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #358 Motion in Limine. (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #377 Motion for Leave to File Document ; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1) |
| Filing 411 PRETRIAL MEMORANDUM by Robert Smith. (Plaut, Jonathan) |
| Filing 410 NOTICE by Louis G. Bertucci, Dorchester Real Estate, Inc.,, EB Real Estate Group, Inc., Cherry Jenkins, Dwight Jenkins, Robert E. Kelley, Mid City Mortgage, LLC, New England Merchants Corp, RKelley-Law, P.C., Signature Group Holdings, Inc., Dorea Smith, Union Capital Mortgage Business Trust Exhibit List as to Which There are No Objections (Moran, Kate) |
| Filing 409 Defendants' Proposed Exhibit List of Exhibits as to Which One Party Reserves the Right to Object by All Defendants.. (Bauer, John) |
| Filing 408 Proposed Voir Dire by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 407 NOTICE by Mid City Mortgage, LLC of Deposition Designations (Bauer, John) |
| Filing 406 Proposed Jury Questions by EB Real Estate Group, Inc.. (Attachments: #1 Exhibit)(King, Joseph) |
| Filing 405 Witness List by Louis G. Bertucci. (Fein, Christopher) |
| Filing 404 STATEMENT OF COUNSEL of Dorchester Real Estate, Inc. as to Designations of Deposition Testimony by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 403 Proposed Jury Instructions by Signature Group Holdings, Inc.. (Kennedy, J.) |
| Filing 402 Witness List by Robert E. Kelley. (McLaughlin, James) |
| Filing 401 Proposed Jury Verdict by Signature Group Holdings, Inc.. (Kennedy, J.) |
| Filing 400 TRIAL BRIEF by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 399 Proposed Jury Questions by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 398 Proposed Voir Dire by Signature Group Holdings, Inc.. (Kennedy, J.) |
| Filing 397 Witness List to be Called to Testify at Trial by Signature Group Holdings, Inc.. (Kennedy, J.) |
| Filing 396 TRIAL BRIEF /Memorandum Addressing Forseeable Disputes Concerning Issues of Law by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 395 Prospective Witness List by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 394 STATEMENT OF COUNSEL of Michael J. Markoff of Deposition Designations by New England Merchants Corp. (Markoff, Michael) |
| Filing 393 Proposed Jury Instructions by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 392 Witness List by New England Merchants Corp. (Markoff, Michael) |
| Filing 391 Proposed Jury Questions by New England Merchants Corp. (Markoff, Michael) |
| Filing 390 Proposed Jury Instructions by New England Merchants Corp. (Markoff, Michael) |
| Filing 389 Prospective Witness List by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 388 Proposed Special Verdict questions of Union Capital Proposed Breach of Fiduciary Duty Spec. Verdict Questions as to R. Smith - Boston Property by Union Capital Mortgage Business Trust. (Robertson, Douglas) Modified on 10/6/2010 (Flaherty, Elaine). |
| Filing 387 STATEMENT OF COUNSEL of Proposed Deposition Designations by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 386 Proposed Special Verdict Questions of Union Capital Proposed Fraud Spec. Verdict Questions as to R. Smith - Boston Property by Union Capital Mortgage Business Trust. (Robertson, Douglas) Modified on 10/6/2010 (Flaherty, Elaine). |
| Filing 385 Proposed Jury Instructions by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 384 Proposed Jury Instructions by Mid City Mortgage, LLC. (Moran, Kate) |
| Filing 383 Proposed Special Verdict Questions of Union Capital Proposed Civil Consp. Spec. Verdict Questions as to M. DaSilva by Union Capital Mortgage Business Trust. (Robertson, Douglas) Modified on 10/6/2010 (Flaherty, Elaine). |
| Filing 382 Proposed Special Verdict Questions of Union Capital Proposed Civil Consp. Spec. Verdict Questions as to Robert Smith - Boston Property by Union Capital Mortgage Business Trust. (Robertson, Douglas) Modified on 10/6/2010 (Flaherty, Elaine). |
| Filing 381 Stipulated Facts Stipulated Facts Proposed by Union Capital Mortgage Business Trust. (Robertson, Douglas) Modified on 10/6/2010 (Flaherty, Elaine). |
| Filing 380 Designation of counsel of Union Capital Designation of Interrogatory Questions and Answers and Plaintiffs' Response to Req. for Admissions to be offered as evidence at trial by Union Capital Mortgage Business Trust. (Robertson, Douglas) Modified on 10/6/2010 (Flaherty, Elaine). |
| Filing 379 Witness list of Union Capital Witness List by Union Capital Mortgage Business Trust. (Robertson, Douglas) Modified on 10/6/2010 (Flaherty, Elaine). |
| Filing 378 Succinct and neutral statement of facts of the case l Defendants Dwight Jenkins, Cherry Jenkins,Dorea Smith, Robert E. Kelley, RKelley-Law, P.C., Louis G. Bertucci, EB Real Estate Group, Inc., Dorchester Real Estate Group, Inc., New England Merchants, Corp., Mid City Mortgage, LLC and Fremont Investment & Loan's, Proposed Succinct and Neutral Statement of the Case. (Moran, Kate) Modified on 10/6/2010 (Flaherty, Elaine). |
| Filing 377 MOTION for Leave to File Reply Brief in Support of Defendant Signature Group Holdings, Inc.'s Motion in Limine to Preclude Evidence of the Mass. Attorney General Enforcement Action Against Fremont Investment and Loan by Signature Group Holdings, Inc.. (Attachments: #1 Exhibit 1)(Kennedy, J.) |
| Filing 376 Proposed Document(s) submitted by Union Capital Mortgage Business Trust. Document received: Union Capital's Proposed Designation of Testimony of Dwight Jenkins on November 16, 2009 to be read to the jury. (Robertson, Douglas) |
| Filing 375 Proposed Jury Verdict by Mid City Mortgage, LLC. (Moran, Kate) |
| Filing 374 NOTICE by EB Real Estate Group, Inc. of Proposed Stipulated Facts in a Form Suitable for Presentation to the Court or Jury (King, Joseph) |
| ELECTRONIC NOTICE issued requesting courtesy copy for #373 Memorandum in Support of Motion,, #371 Memorandum in Support of Motion,, #366 Memorandum in Support of Motion,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by Tuesday 10/5/10 NOON or sooner, hearing scheduled for Friday. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Flaherty, Elaine) |
| Filing 373 MEMORANDUM in Support re #372 MOTION in Limine to Preclude Evidence Pertaining to Rachel Noyes Subsequent to her Association with NEMCO or Concerning any Alleged Misstatement made by Noyes on Any Mortgage Loan Application, where the Applicant Read and Signed the Application and filed by New England Merchants Corp. (Attachments: #1 Affidavit of Philip Goduti, #2 Motion for Summary Judgment in Macharia Case, #3 Docket entries showing Motion for Summary Judgment in Macharia case was granted, #4 Valerie Hayes and Alma Harris mortgages (first pages), #5 Macharia settlement statement)(Markoff, Michael) |
| Filing 372 MOTION in Limine to Preclude Evidence Pertaining to Rachel Noyes Subsequent to her Association with NEMCO or Concerning any Alleged Misstatement made by Noyes on Any Mortgage Loan Application, where the Applicant Read and Signed the Application and is not Alleged to have been Illiterate or Otherwise Incapable of Understanding the Alleged Misrepresentations; and Consequently, to Bar the Testimony of Valerie Hayes, Alma Harris, Frances Darden, Ethel Anderson and Meredith Macharia by New England Merchants Corp.(Markoff, Michael) |
| Filing 371 MEMORANDUM in Support re #370 MOTION in Limine to Preclude Evidence of Massachusetts Commissioner of Banks' Findings of Fact, Temporary Restraining Orders and Consent Orders and "Stipulation and Consent Orders" with the Massachusetts Attorney General filed by New England Merchants Corp. (Attachments: #1 Plaintiffs Witnesses and Exhibits, #2 Consent Order dated April 15, 2005, #3 Consent Order dated Oct. 24, 2007, #4 Final Judgment by Consent)(Markoff, Michael) |
| Filing 370 MOTION in Limine to Preclude Evidence of Massachusetts Commissioner of Banks' Findings of Fact, Temporary Restraining Orders and Consent Orders and "Stipulation and Consent Orders" with the Massachusetts Attorney General by New England Merchants Corp.(Markoff, Michael) |
| Filing 369 MEMORANDUM in Support re #367 MOTION in Limine To Preclude Reference to Unrelated Real Estate Transactions (Corrected Version) filed by EB Real Estate Group, Inc.. (Feeherry, Elizabeth) |
| Filing 368 MEMORANDUM in Support re #367 MOTION in Limine To Preclude Reference to Unrelated Real Estate Transactions filed by EB Real Estate Group, Inc.. (Feeherry, Elizabeth) |
| Filing 367 MOTION in Limine To Preclude Reference to Unrelated Real Estate Transactions by EB Real Estate Group, Inc..(Feeherry, Elizabeth) |
| Filing 366 MEMORANDUM in Support re #365 MOTION in Limine To Exclude Hearsay Statements of Laurice Taylor and Starr Mosley Or, In The Alternative, For a Limiting Instruction filed by EB Real Estate Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Feeherry, Elizabeth) |
| Filing 365 MOTION in Limine To Exclude Hearsay Statements of Laurice Taylor and Starr Mosley Or, In The Alternative, For a Limiting Instruction by EB Real Estate Group, Inc..(Feeherry, Elizabeth) |
| Filing 364 CERTIFICATE OF SERVICE pursuant to LR 5.2 by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 363 Proposed Voir Dire by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 362 STATEMENT OF COUNSEL of Anthony R. Brighton Union Capital's Succinct and Neutral Statement by Union Capital Mortgage Business Trust. (Brighton, Anthony) |
| Filing 361 Proposed Voir Dire by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 360 Proposed Voir Dire by Mid City Mortgage, LLC. (Moran, Kate) |
| Filing 359 Opposition re #358 MOTION in Limine to Preclude Evidence of the Mass. Attorney General Enforcement Action Against Fremont Investment and Loan filed by Robert Smith. (Attachments: #1 Exhibit, #2 Exhibit)(Plaut, Jonathan) |
| Filing 358 MOTION in Limine to Preclude Evidence of the Mass. Attorney General Enforcement Action Against Fremont Investment and Loan by Signature Group Holdings, Inc..(Kennedy, J.) |
| Filing 357 Judge Richard G. Stearns: ORDER entered regarding time limits. (Seelye, Terri) (Main Document 357 replaced on 9/30/2010) (Seelye, Terri). |
| Filing 356 Prospective Witness List by Mid City Mortgage, LLC. (Moran, Kate) |
| Filing 355 NOTICE by Cherry Jenkins, Dwight Jenkins, Dorea Smith Notice of Estimate of Trial Presentation Time (Domenico, Geoffrey) |
| Filing 354 NOTICE by Louis G. Bertucci, Maria DaSilva, Dorchester Real Estate, Inc.,, EB Real Estate Group, Inc., Cherry Jenkins, Dwight Jenkins, Robert E. Kelley, Meritage Mortgage Corporation, Mid City Mortgage, LLC, New England Merchants Corp, RKelley-Law, P.C., Signature Group Holdings, Inc. (Domenico, Geoffrey) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #346 Motion to Compel. (RGS, law1) |
| Filing 353 NOTICE by Louis G. Bertucci of Estimated Trial Presentation (Fein, Christopher) |
| Filing 352 NOTICE by New England Merchants Corp re: Estimated Trial Presentation Time (Markoff, Michael) |
| Filing 351 NOTICE by Robert Smith Regarding Estimate of Time Required for Presentation of Case at Trial (Plaut, Jonathan) |
| Filing 350 NOTICE by Robert E. Kelley as to Its Estimate of Trial Presentation Time (McLaughlin, James) |
| Filing 349 NOTICE by Mid City Mortgage, LLC as to Its Estimate of Trial Presentation Time (Moran, Kate) |
| Filing 348 MEMORANDUM in Support re #346 MOTION to Compel Plaintiffs to Produce Complete and Accurate Exhibit List filed by Mid City Mortgage, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bauer, John) |
| Filing 347 NOTICE by EB Real Estate Group, Inc. Re: Estimated Trial Presentation Time (King, Joseph) |
| Filing 346 MOTION to Compel Plaintiffs to Produce Complete and Accurate Exhibit List by Mid City Mortgage, LLC.(Bauer, John) |
| Filing 345 NOTICE by Signature Group Holdings, Inc. re: Estimated Trial Presentation Time (Kennedy, J.) |
| Filing 344 NOTICE by Dorchester Real Estate, Inc., re Order,, Estimate of Trial Presentation Time (McCraw, Thomas) |
| Filing 343 NOTICE by Union Capital Mortgage Business Trust of estimated trial presentation time (Robertson, Douglas) |
| Filing 342 MEMORANDUM in Support re #341 MOTION for Leave to File Amended Complaint to add Philip Goduti, Ann Silver, Linda Bryant and Mark Warren as Defendants filed by Robert Smith. (Attachments: #1 Exhibit)(Plaut, Jonathan) |
| Filing 341 MOTION for Leave to File Amended Complaint to add Philip Goduti, Ann Silver, Linda Bryant and Mark Warren as Defendants by Robert Smith.(Plaut, Jonathan) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #341 Motion for Leave to File Document to add defendants. The court is at a loss as to how plaintiffs could imagine that the court would permit this addition so close to trial. (Tyler, Rebecca) |
| Judge Richard G. Stearns: ELECTRONIC ORDER ON CIVIL JURYTRIAL TIME LIMITS. It is the court's practice to set strictly-enforced time limits in civil jury trials. To assist the court in setting appropriate limits for this trial, each side will submit an informed estimate of the number of hours it anticipates will be required for presentation of its case. Each side is taxed for the time it spends on cross-examination of witnesses. The time allotted by the court for opening statements and closing arguments is not included in the total. Counsel are directed to submit their estimates no later than Tuesday, September 28, 2010. (Tyler, Rebecca) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #326 Motion to Sever; denying #328 Motion in Limine; denying #330 Motion for Leave to File Document ; finding as moot #331 Motion for Judgment on the Pleadings; denying #333 Motion in Limine; denying #335 Motion in Limine. (Tyler, Rebecca) |
| Filing 340 Opposition re #333 MOTION in Limine to Preclude Reference to EB Real Estate Group, Inc. as Re/Max filed by Robert Smith. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Plaut, Jonathan) |
| Filing 339 Disclosure pursuant to Rule 26 by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 338 Opposition re #335 MOTION in Limine to Preclude Reference to M.G.L. c. 112, secs. 87RR, 87AAA filed by Robert Smith. (Plaut, Jonathan) |
| Filing 337 NOTICE of Appearance by Kate L. Moran on behalf of Mid City Mortgage, LLC (Moran, Kate) |
| Filing 336 MEMORANDUM in Support re #335 MOTION in Limine to Preclude Reference to M.G.L. c. 112, secs. 87RR, 87AAA filed by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 335 MOTION in Limine to Preclude Reference to M.G.L. c. 112, secs. 87RR, 87AAA by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 334 MEMORANDUM in Support re #333 MOTION in Limine to Preclude Reference to EB Real Estate Group, Inc. as Re/Max filed by EB Real Estate Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(King, Joseph) |
| Filing 333 MOTION in Limine to Preclude Reference to EB Real Estate Group, Inc. as Re/Max by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 332 MEMORANDUM in Support re #331 MOTION for Judgment on the Pleadings filed by Robert E. Kelley. (McLaughlin, James) |
| Filing 331 MOTION for Judgment on the Pleadings by Robert E. Kelley.(McLaughlin, James) |
| Filing 330 MOTION for Leave to File Motion For Judgment On The Pleadings Late by Robert E. Kelley.(McLaughlin, James) |
| Filing 329 MEMORANDUM in Support re #328 MOTION in Limine to Preclude Reference to James Adamos as Employee, Agent or Affiliate of RE/MAX filed by EB Real Estate Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(King, Joseph) |
| Filing 328 MOTION in Limine to Preclude Reference to James Adamos as Employee, Agent or Affiliate of RE/MAX by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 327 MEMORANDUM in Support re #326 MOTION to Sever filed by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 326 MOTION to Sever by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 325 Opposition re #322 MOTION in Limine to Exclude Evidence Concerning Straw Buyers filed by Robert Smith. (Plaut, Jonathan) |
| Filing 324 NOTICE of Withdrawal of Appearance by Claire E. Newton as counsel for Mid City Mortgage (Newton, Claire) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #300 Motion for Reconsideration. Smith will be permiited to testify - counsel are free to challenge him during cross-examination; granting in part #304 Motion for Clarification. The court may be open at trial to allowing some rebuttal evidence by way of prior bad acts under FRE 404(b), depending upon the position that defendants take with regard to the legality of Jenkins' conduct ; denying #305 Motion for Order limiting the number of motions in limine; granting #310 Motion in Limine. While Smith will be permitted to testify, his reports will not be admitted into evidence; granting #316 Motion in Limine. The Rules permit admission of a conviction but an indictment is under the law only an allegation; granting #318 Motion to Quash. This is an ill-considered attempt to circumvent the discovery schedule and is therefore prejudicial to defendants; granting in part and denying in part #322 Motion in Limine -As noted above, the court may be open at trial to allowing some rebuttal evidence by way of prior bad acts under FRE 404(b), depending upon the position that defendants take with regard to the legality of Jenkins' conduct. (Zierk, Marsha) |
| Filing 323 MEMORANDUM in Support re #322 MOTION in Limine to Exclude Evidence Concerning Straw Buyers filed by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 322 MOTION in Limine to Exclude Evidence Concerning Straw Buyers by Dorchester Real Estate, Inc.,.(McCraw, Thomas) |
| Filing 321 Opposition re #316 MOTION in Limine to Exclude Evidence Concerning or Reference to Dwight Jenkins' Indictment or Incarceration filed by Robert Smith. (Attachments: #1 Exhibit Jenkins' Indictment, #2 Exhibit Jenkins' conviction)(Plaut, Jonathan) |
| Filing 320 Opposition re #304 MOTION for Clarification re Order on Motion in Limine,,,,,,, regarding Fraud and Conspiracy evidence filed by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 319 MEMORANDUM in Support re #318 MOTION to Quash Plaintiffs' Untimely Third Party Subpoenas Commanding the Production of Documents filed by Dorchester Real Estate, Inc.,, Mid City Mortgage, LLC, New England Merchants Corp, Signature Group Holdings, Inc., Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bauer, John) |
| Filing 318 MOTION to Quash Plaintiffs' Untimely Third Party Subpoenas Commanding the Production of Documents by Dorchester Real Estate, Inc.,, Mid City Mortgage, LLC, New England Merchants Corp, Signature Group Holdings, Inc., Union Capital Mortgage Business Trust.(Bauer, John) |
| Filing 317 MEMORANDUM in Support re #316 MOTION in Limine to Exclude Evidence Concerning or Reference to Dwight Jenkins' Indictment or Incarceration filed by Dorchester Real Estate, Inc.,, EB Real Estate Group, Inc., Mid City Mortgage, LLC, New England Merchants Corp, Signature Group Holdings, Inc., Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bauer, John) |
| Filing 316 MOTION in Limine to Exclude Evidence Concerning or Reference to Dwight Jenkins' Indictment or Incarceration by Dorchester Real Estate, Inc.,, EB Real Estate Group, Inc., Mid City Mortgage, LLC, New England Merchants Corp, Signature Group Holdings, Inc., Union Capital Mortgage Business Trust.(Bauer, John) |
| Filing 315 RESPONSE to Motion re #305 MOTION for Order to Limit Number of Motions in Limine filed by Signature Group Holdings, Inc.. (Kennedy, J.) |
| Filing 314 AFFIDAVIT in Support re #313 Reply to Response to Motion, In Limine to Preclude Plaintiff's Proposed Damages Expert Stan V. Smith, Ph.D. from Testifying at Trial. (Kennedy, J.) |
| Filing 313 REPLY to Response to #300 MOTION for Reconsideration re Order on Motion in Limine,, Order on Motion for Leave to File, Order on Motion for Entry of Default,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,,, filed by Signature Group Holdings, Inc.. (Kennedy, J.) |
| Filing 312 SUR-REPLY to Motion re #309 MOTION for Leave to File Reply Brief and Supplemental Affidavit (leave to file granted on 9/1/2010) filed by Robert Smith. (Attachments: #1 Exhibit)(Plaut, Jonathan) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #311 Motion for Leave to File Document ; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Flaherty, Elaine) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #309 Motion for Leave to File Document ; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Tyler, Rebecca) |
| Filing 311 MOTION for Leave to File Reply Brief to Defendant Fremont's Reply Brief by Robert Smith. (Attachments: #1 Supplement Reply Brief, #2 Exhibit Supplemental Expert Report)(Plaut, Jonathan) |
| Filing 310 MOTION in Limine to Exclude from Evidence Plaintiffs' Expert Stan Smith's Reports by Mid City Mortgage, LLC. (Attachments: #1 Exhibit A)(Newton, Claire) Modified on 9/10/2010 (Flaherty, Elaine). |
| Filing 309 MOTION for Leave to File Reply Brief and Supplemental Affidavit by Signature Group Holdings, Inc.. (Attachments: #1 Exhibit A -- Reply Brief, #2 Exhibit B -- Supp. Affidavit)(Kennedy, J.) |
| Filing 308 NOTICE by New England Merchants Corp PURSUANT TO LOCAL RULE 40.02 (D) OF ENGAGEMENT CONFLICTS (Markoff, Michael) |
| Filing 307 MEMORANDUM in Opposition re #304 MOTION for Clarification re Order on Motion in Limine,,,,,,, regarding Fraud and Conspiracy evidence filed by Mid City Mortgage, LLC. (Bauer, John) |
| Filing 306 Opposition re #305 MOTION for Order to Limit Number of Motions in Limine filed by Mid City Mortgage, LLC. (Attachments: #1 Exhibit)(Bauer, John) |
| Filing 305 MOTION for Order to Limit Number of Motions in Limine by Robert Smith.(Plaut, Jonathan) |
| Filing 304 MOTION for Clarification re Order on Motion in Limine,,,,,,, regarding Fraud and Conspiracy evidence by Robert Smith.(Plaut, Jonathan) |
| Filing 303 Opposition re #300 MOTION for Reconsideration re Order on Motion in Limine,, Order on Motion for Leave to File, Order on Motion for Entry of Default,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,,, filed by Robert Smith. (Attachments: #1 Exhibit E-mail attaching Smith Report on July 25, 2008, #2 Exhibit Report of Dr. Smith, #3 Exhibit Affidavit of Atty Plaut, #4 Exhibit Affidavit of Atty Baker)(Plaut, Jonathan) |
| Filing 302 Judge Richard G. Stearns: AMENDED PROCEDURAL ORDER entered re pretrial/trial. Final Pretrial Conference RESET for 10/8/2010 at 11:00 AM and Jury Trial RESET for 10/12/2010 at 9:00 AM in Courtroom 21 before Judge Richard G. Stearns.(Seelye, Terri) |
| Filing 301 AFFIDAVIT in Support re #300 MOTION for Reconsideration re Order on Motion in Limine,, Order on Motion for Leave to File, Order on Motion for Entry of Default,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kennedy, J.) |
| Filing 300 MOTION for Reconsideration re Order on Motion in Limine,, Order on Motion for Leave to File, Order on Motion for Entry of Default,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,,, by Signature Group Holdings, Inc..(Kennedy, J.) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #288 Motion in Limine. The Cease and Desist orders will be admitted as public records; the Consent Decrees will be excluded; granting #290 Motion in Limine; granting #294 Motion in Limine, without prejudice to plaintiffs remedying the authentication issue at trial; granting #297 Motion in Limine. (Tyler, Rebecca) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered re #300 MOTION for Reconsideration re Order on Motion in Limine. If it is the case that plaintiffs did not disclose the Smith report to all defendants, the court is inclined to grant the motion to reconsider, but will not do so until plaintiff has had the opportunity to respond. Any response must be filed by September 3, 2010.(Tyler, Rebecca) |
| Filing 299 Supplemental MEMORANDUM in Support re #294 MOTION in Limine to Exlude Evidence Concerning Plaintiffs' Credit Ratings filed by Mid City Mortgage, LLC. (Attachments: #1 Exhibit)(Bauer, John) |
| Filing 298 MEMORANDUM in Support re #297 MOTION in Limine To Preclude Evidence Concerning Other Straw Buyers filed by Mid City Mortgage, LLC. (Attachments: #1 Exhibit #1)(Bauer, John) |
| Filing 297 MOTION in Limine To Preclude Evidence Concerning Other Straw Buyers by Mid City Mortgage, LLC.(Bauer, John) |
| Filing 296 Opposition re #288 MOTION in Limine to Preclude from Evidence any mention of Consent Orders filed by Robert Smith. (Attachments: #1 Exhibit Findings of Fact, TRO, Stipulation, Consent Order re Jonathan Richman, #2 Exhibit Findings of Fact, TRO re Union Capital, #3 Exhibit Consent Order re Union Capital)(Plaut, Jonathan) |
| Filing 295 MEMORANDUM in Support re #294 MOTION in Limine to Exlude Evidence Concerning Plaintiffs' Credit Ratings filed by Dorchester Real Estate, Inc.,, EB Real Estate Group, Inc., Mid City Mortgage, LLC, New England Merchants Corp, Signature Group Holdings, Inc., Union Capital Mortgage Business Trust. (Bauer, John) |
| Filing 294 MOTION in Limine to Exlude Evidence Concerning Plaintiffs' Credit Ratings by Dorchester Real Estate, Inc.,, EB Real Estate Group, Inc., Mid City Mortgage, LLC, New England Merchants Corp, Signature Group Holdings, Inc., Union Capital Mortgage Business Trust.(Bauer, John) |
| Filing 293 Proposed Jury Instructions by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 292 TRIAL BRIEF /Memorandum Addressing those items as to which there are forseeable disputes concerning issues of law by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 291 MEMORANDUM in Support re #290 MOTION in Limine to Exclude Zero Tolerance Loan Fraud Agreement filed by Mid City Mortgage, LLC. (Attachments: #1 Exhibit)(Bauer, John) |
| Filing 290 MOTION in Limine to Exclude Zero Tolerance Loan Fraud Agreement by Mid City Mortgage, LLC.(Bauer, John) |
| Filing 289 MEMORANDUM in Support re #288 MOTION in Limine to Preclude from Evidence any mention of Consent Orders filed by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 288 MOTION in Limine to Preclude from Evidence any mention of Consent Orders by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 287 NOTICE of Appearance by Elizabeth E. Feeherry on behalf of EB Real Estate Group, Inc. (Feeherry, Elizabeth) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered re #288 MOTION in Limine to Preclude from Evidence any mention of Consent Orders filed by Union Capital Mortgage Business Trust. Any response to this motion must be filed by 12:00 PM on Monday, August 23, 2010. (Tyler, Rebecca) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #285 Motion in Limine. (Tyler, Rebecca) |
| Filing 286 EXHIBIT re #285 MOTION in Limine to Preclude questioning of George Fabrizio regarding his guilty plea to motor vehicle homicide by Union Capital Mortgage Business Trust. (Robertson, Douglas) Modified text on 8/18/2010 (Seelye, Terri). |
| Filing 285 MOTION in Limine to Preclude questioning of George Fabrizio regarding his guilty plea to motor vehicle homicide by Union Capital Mortgage Business Trust.(Robertson, Douglas) Modified text on 8/18/2010 (Seelye, Terri). |
| Filing 284 MEMORANDUM in Support re #283 MOTION in Limine to Preclude testimony of P.J. Goodwin filed by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 283 MOTION in Limine to Preclude testimony of P.J. Goodwin by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #283 Motion in Limine. (Tyler, Rebecca) |
| Filing 282 Opposition re #280 MOTION for Reconsideration of the Denial (dated April 8, 2010) of Plaintiffs' Motion for Leave to Assert Contract Claim Against Mortgage Brokers filed by Mid City Mortgage, LLC. (Newton, Claire) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #266 Motion in Limine; granting #269 Motion in Limine. Plaintiffs' attempt to offer these experts is untimely. On July 7, 2009, the court issued an Order stating, in pertinent part, "The court does not presently see the need for expert discovery but will amend the schedule upon a showing that it is necessary. Any such request must be made by October 1, 2009." Plaintiffs never made such a request; denying #271 Motion for Leave to File Document ; denying #274 Motion for Entry of Default. However, Century 21 shall make every effort to produce contact information for Adamos. Century 21 shall also produce to plaintiffs its insurance policy by August 24, 2010; denying #276 Motion in Limine. Smith differs from the other proposed experts in that his inital report was produced to defendants in 2008, thereby eliminating any potential surprise or undue prejudice ; denying #280 Motion for Reconsideration. (Tyler, Rebecca) |
| Filing 281 Opposition re #280 MOTION for Reconsideration of the Denial (dated April 8, 2010) of Plaintiffs' Motion for Leave to Assert Contract Claim Against Mortgage Brokers filed by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 280 MOTION for Reconsideration of the Denial (dated April 8, 2010) of Plaintiffs' Motion for Leave to Assert Contract Claim Against Mortgage Brokers by Robert Smith.(Plaut, Jonathan) |
| Filing 279 Opposition re #269 Joint MOTION in Limine to Exclude Testimony of Attorney Andrew Kadets filed by Robert Smith. (Plaut, Jonathan) |
| Filing 278 AFFIDAVIT of Thomas K. McCraw, Jr. in Support re #276 MOTION in Limine to Preclude Stan V. Smith, Ph.D., from Testifying as an Expert Witness filed by Dorchester Real Estate, Inc.,. (Attachments: #1 Exhibit E-Mail from Plaintiffs' Counsel, #2 Exhibit Smith Report, #3 Exhibit Supplement to Smith Report, #4 Exhibit Smith List of Cases, #5 Exhibit Smith CV, #6 Exhibit Robert Smith Supplemental Answers to Interrogatories)(McCraw, Thomas) |
| Filing 277 MEMORANDUM in Support re #276 MOTION in Limine to Preclude Stan V. Smith, Ph.D., from Testifying as an Expert Witness filed by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 276 MOTION in Limine to Preclude Stan V. Smith, Ph.D., from Testifying as an Expert Witness by Dorchester Real Estate, Inc.,.(McCraw, Thomas) |
| Filing 275 Opposition re #271 MOTION for Leave to File Third Amended Complaint to Add John Richman and George Fabrizio as Defendants filed by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Robertson, Douglas) |
| Filing 274 MOTION for Entry of Default Against Defendant, Dorchester Real Estate, Inc. by Robert Smith. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Plaut, Jonathan) |
| Filing 273 Opposition re #271 MOTION for Leave to File Third Amended Complaint to Add John Richman and George Fabrizio as Defendants filed by Mid City Mortgage, LLC. (Kayatta, Katherine) |
| Filing 272 MEMORANDUM in Support re #271 MOTION for Leave to File Third Amended Complaint to Add John Richman and George Fabrizio as Defendants filed by Robert Smith. (Attachments: #1 Exhibit Termination of Union Certificate, #2 Exhibit Cease and Desist order - Union, #3 Exhibit Cease and Desist order - Richman)(Plaut, Jonathan) |
| Filing 271 MOTION for Leave to File Third Amended Complaint to Add John Richman and George Fabrizio as Defendants by Robert Smith.(Plaut, Jonathan) |
| Filing 270 Joint MEMORANDUM in Support re #269 Joint MOTION in Limine filed by Robert E. Kelley. (Attachments: #1 Exhibit, #2 Exhibit)(McLaughlin, James) |
| Filing 269 Joint MOTION in Limine by Robert E. Kelley.(McLaughlin, James) |
| Filing 268 Amended Answer to Plt.s' Second Amended Complaint ANSWER to Complaint with Jury Demand by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 267 MEMORANDUM in Support re #266 MOTION in Limine to Preclude Michael Foley from Testifying as an Expert Witness filed by Mid City Mortgage, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Bauer, John) |
| Filing 266 MOTION in Limine to Preclude Michael Foley from Testifying as an Expert Witness by Mid City Mortgage, LLC.(Bauer, John) |
| Filing 265 ANSWER to #248 Amended Complaint by Robert E. Kelley.(McLaughlin, James) |
| Filing 264 MOTION for Hearing Motion of Atty. Robertson to participate telephonically in the scheduled PTC by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #264 Motion to appear at the FPTC telephonically.(Tyler, Rebecca) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #262 Motion for Reconsideration "However, the court did not make a binding "finding" with regard to Union Capital's and NEMCO's knowledge of Smith's alleged infirmities. The jury will ultimately decide that factual question." (Flaherty, Elaine) |
| Filing 263 MEMORANDUM in Support re #262 MOTION for Reconsideration re #259 Memorandum & ORDER filed by Union Capital Mortgage Business Trust. (Brighton, Anthony) (Main Document 263 replaced on 4/16/2012) (Jones, Sherry). |
| Filing 262 MOTION for Reconsideration re #259 Memorandum & ORDER by Union Capital Mortgage Business Trust.(Brighton, Anthony) (Main Document 262 replaced on 4/16/2012) (Jones, Sherry). |
| Filing 261 Judge Richard G. Stearns: AMENDED PROCEDURAL ORDER entered re pretrial/trial. Final Pretrial Conference set for 9/2/2010 at 3:00 PM and Jury Trial set for 9/7/2010 at 9:00 AM both in Courtroom 21 before Judge Richard G. Stearns.(Seelye, Terri) |
| Filing 260 Judge Richard G. Stearns: PROCEDURAL ORDER entered re pretrial/trial. Final Pretrial Conference set for 9/2/2010 at 3:00 PM and Jury Trial set for 9/7/2010 at 9:00 AM both in Courtroom 21 before Judge Richard G. Stearns.(Seelye, Terri) |
| Filing 259 Judge Richard G. Stearns: MEMORANDUM AND ORDER entered ALLOWING in part and DENYING in part defendants' motions for summary judgment.(Tyler, Rebecca) |
| Filing 258 NOTICE by Fremont Reorganization Corporation Regarding Name Change of Real Party In Interest (Kennedy, J.) |
| Filing 257 ANSWER to #248 Amended Complaint by New England Merchants Corp.(Markoff, Michael) |
| Filing 256 NOTICE of Withdrawal of Appearance by Amie R. Pelletier (Pelletier, Amie) |
| Filing 255 Defendant Louis G. Bertucci, III ANSWER to #248 Amended Complaint by Louis G. Bertucci.(Fein, Christopher) |
| Filing 254 ANSWER to #248 Amended Complaint (Second) by Mid City Mortgage, LLC.(Newton, Claire) |
| Filing 253 ANSWER to #248 Amended Complaint (Second) by Fremont Reorganization Corporation.(Kennedy, J.) |
| Filing 252 ANSWER to #248 Amended Complaint by Dorchester Real Estate, Inc.,.(McCraw, Thomas) |
| Filing 251 ANSWER to #248 Amended Complaint by EB Real Estate Group, Inc..(Azzarito, Mary) |
| Filing 250 NOTICE of Appearance by Katherine S. Kayatta on behalf of Mid City Mortgage, LLC (Kayatta, Katherine) |
| Filing 249 Union Capital's ANSWER to #248 Amended Complaint (Second) by Union Capital Mortgage Business Trust.(Brighton, Anthony) |
| Filing 248 AMENDED COMPLAINT leave to file granted 4/8/2010 against All Defendants, filed by Robert Smith.(Plaut, Jonathan) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #245 Motion for Leave to File Document. (Tyler, Rebecca) |
| Filing 247 Opposition re #245 MOTION for Leave to File Supplement to their Opposition to the Summary Judgment Motions filed by Mid City Mortgage, LLC. (Newton, Claire) |
| Filing 246 RESPONSE to Motion re #245 MOTION for Leave to File Supplement to their Opposition to the Summary Judgment Motions filed by Fremont Reorganization Corporation. (Attachments: #1 Exhibit A)(Kennedy, J.) |
| Filing 245 MOTION for Leave to File Supplement to their Opposition to the Summary Judgment Motions by Robert Smith. (Attachments: #1 Exhibit Exhibit 1)(Plaut, Jonathan) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying plaintiffs' #226 Motion to Strike ; granting in part and denying in part Union Capital's #235 Motion to Strike. This motion is GRANTED with respect to all exhibits which are not cited in plaintiffs' opposition. The motion is DENIED with respect to Exhibit # 44. The report of Stan V. Smith, Exhibit # 12, will be considered in the context of a motion in limine should trial go forward ; granting in part and denying in part #243 Motion for Leave to File Document. The motion for leave to file a Second Amended Complaint is GRANTED with respect to the claim for breach of fiduciary duty. The motion is DENIED with respect to the proposed new claims of breach of contract ; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Tyler, Rebecca) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 4/8/2010 re #211 MOTION for Summary Judgment filed by EB Real Estate Group, Inc., #208 MOTION for Summary Judgment as to plaintiffs, Robert Smith and Maria DaSilva filed by Union Capital Mortgage Business Trust, #215 MOTION for Summary Judgment filed by Dorchester Real Estate, Inc.,, #222 MOTION for Summary Judgment filed by New England Merchants Corp, #219 MOTION for Summary Judgment of Defendant Fremont Reorganizing Corporation, #197 MOTION for Summary Judgment filed by Mid City Mortgage, LLC. After argument, the court takes the matters under advisement. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Plaut, Baker, Robertson, Kennedy, Bauer, Brighton, Markoff, King, Randall, McCraw) (Tyler, Rebecca) |
| Filing 244 Opposition re #243 MOTION for Leave to File Second Amended Complaint filed by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Robertson, Douglas) |
| Filing 243 MOTION for Leave to File Second Amended Complaint by Robert Smith.(Plaut, Jonathan) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #238 Motion to Seal Document (Tyler, Rebecca) |
| Filing 242 REPLY to Response to #215 MOTION for Summary Judgment filed by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 241 REPLY to Response to #219 MOTION for Summary Judgment of Defendant Fremont Reorganizing Corporation filed by Fremont Reorganization Corporation. (Kennedy, J.) |
| Filing 240 REPLY to Response to #197 MOTION for Summary Judgment filed by Mid City Mortgage, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Newton, Claire) |
| Filing 239 REPLY to Response to #211 MOTION for Summary Judgment filed by EB Real Estate Group, Inc.. (Attachments: #1 Affidavit of Mary Azzarito, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Azzarito, Mary) |
| Filing 238 MOTION to Seal Document 228 Memorandum in Opposition to Motion,,,,,,,,,,, #232 Exhibit by Robert Smith, Maria DaSilva.(Plaut, Jonathan) |
| Filing 237 REPLY to Response to #208 MOTION for Summary Judgment as to plaintiffs, Robert Smith and Maria DaSilva filed by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit)(Brighton, Anthony) |
| Filing 236 MEMORANDUM in Support re #235 MOTION to Strike 228 Memorandum in Opposition to Motion,,,,,,,,,,, filed by Union Capital Mortgage Business Trust. (Brighton, Anthony) |
| Filing 235 MOTION to Strike 228 Memorandum in Opposition to Motion,,,,,,,,,,, by Union Capital Mortgage Business Trust.(Brighton, Anthony) |
| Filing 234 REDACTION to #230 Exhibit, 228 Memorandum in Opposition to Motion,,,,,,,,,,, #232 Exhibit byRobert Smith, Maria DaSilva. (Attachments: #1 Exhibit 9, #2 Exhibit 13, #3 Exhibit 26-1, #4 Exhibit 26-2, #5 Exhibit 26-3, #6 Exhibit 26-4, #7 Exhibit 26-5, #8 Exhibit 26-6, #9 Exhibit 26-7, #10 Exhibit 26-8, #11 Exhibit 26-9, #12 Exhibit 26-10, #13 Exhibit 26-11, #14 Exhibit 26-12, #15 Exhibit 26-13, #16 Exhibit 26-14, #17 Exhibit 26-15, #18 Exhibit 26-16, #19 Exhibit 26-17, #20 Exhibit 26-18, #21 Exhibit 26-19, #22 Exhibit 28-1, #23 Exhibit 28-2, #24 Exhibit 28-3, #25 Exhibit 28-4, #26 Exhibit 28-5, #27 Exhibit 30-1, #28 Exhibit 30-2, #29 Exhibit 30-3, #30 Exhibit 30-4, #31 Exhibit 30-5, #32 Exhibit 31-1, #33 Exhibit 31-2, #34 Exhibit 31-3, #35 Exhibit 31-4, #36 Exhibit 32-1, #37 Exhibit 32-2, #38 Exhibit 32-3, #39 Exhibit 32-4, #40 Exhibit 32-5, #41 Exhibit 35-1, #42 Exhibit 35-2, #43 Exhibit 35-3, #44 Exhibit 35-4, #45 Exhibit 37, #46 Exhibit 38-1, #47 Exhibit 38-2, #48 Exhibit 38-3, #49 Exhibit 38-4, #50 Exhibit 58-1, #51 Exhibit 58-2, #52 Exhibit 58-3, #53 Exhibit 58-4, #54 Exhibit 58-5, #55 Exhibit 61, #56 Exhibit 62, #57 Exhibit 63-1, #58 Exhibit 63-2, #59 Exhibit 63-3, #60 Exhibit 63-4, #61 Exhibit 65-1, #62 Exhibit 65-2, #63 Exhibit 65-3, #64 Exhibit 67)(Plaut, Jonathan) |
| Filing 233 MOTION for Leave to File Reply in Support of Mid CIty's Motion for Summary Judgment by Mid City Mortgage, LLC.(Newton, Claire) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #227 Motion for Leave to File; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting IN PART #233 Motion for Leave to File a Reply; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. All defendants are granted leave to file Reply Briefs, 10 pages maximum. Replies must be filed by 12:00 Noon on Monday, March 22, 2010. (Tyler, Rebecca) |
| Filing 232 EXHIBIT re 228 Memorandum in Opposition to Motion,,,,,,,,,,, by Robert Smith, Maria DaSilva. (Attachments: #1 Exhibit 67)(Plaut, Jonathan) |
| Filing 231 Statement of Material Facts L.R. 56.1 re #211 MOTION for Summary Judgment, #208 MOTION for Summary Judgment as to plaintiffs, Robert Smith and Maria DaSilva, #215 MOTION for Summary Judgment, #222 MOTION for Summary Judgment, #219 MOTION for Summary Judgment of Defendant Fremont Reorganizing Corporation, #197 MOTION for Summary Judgment filed by Robert Smith, Maria DaSilva. (Plaut, Jonathan) |
| Filing 230 EXHIBIT re 228 Memorandum in Opposition to Motion,,,,,,,,,,, by Robert Smith, Maria DaSilva. (Attachments: #1 Exhibit 65-1, #2 Exhibit 65-2, #3 Exhibit 65-3, #4 Exhibit 65-4, #5 Exhibit 65-5)(Plaut, Jonathan) |
| Filing 229 Opposition re #226 MOTION to Strike #209 Memorandum in Support of Motion,, #208 MOTION for Summary Judgment as to plaintiffs, Robert Smith and Maria DaSilva Opposition of Union Capital filed by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 227 MOTION for Leave to File Consolidated Summary Judgment Opposition in Excees of Twenty Pages by Robert Smith, Maria DaSilva.(Plaut, Jonathan) |
| Filing 226 MOTION to Strike #209 Memorandum in Support of Motion,, #208 MOTION for Summary Judgment as to plaintiffs, Robert Smith and Maria DaSilva by Robert Smith, Maria DaSilva.(Plaut, Jonathan) |
| Filing 225 MOTION for Extension of Time to March 12, 2010 to Oppose Six Summary Judgment motions by Robert Smith.(Plaut, Jonathan) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #225 Motion for Extension of Time. Opposition due March 12, 2010. (Tyler, Rebecca) |
| Filing 224 AFFIDAVIT of Michael J. Markoff in Support re #222 MOTION for Summary Judgment filed by New England Merchants Corp. (Markoff, Michael) |
| Filing 223 MEMORANDUM in Support re #222 MOTION for Summary Judgment filed by New England Merchants Corp. (Markoff, Michael) |
| Filing 222 MOTION for Summary Judgment by New England Merchants Corp.(Markoff, Michael) |
| Filing 221 Statement of Material Facts L.R. 56.1 re #219 MOTION for Summary Judgment of Defendant Fremont Reorganizing Corporation Concise Statement of Undisputed Material Facts in Support of Motion of Defendant Fremont Reorganizing Corporation for Summary Judgment filed by Fremont Reorganization Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Kennedy, J.) |
| Filing 220 MEMORANDUM in Support re #219 MOTION for Summary Judgment of Defendant Fremont Reorganizing Corporation filed by Fremont Reorganization Corporation. (Kennedy, J.) |
| Filing 219 MOTION for Summary Judgment of Defendant Fremont Reorganizing Corporation.(Kennedy, J.) |
| Filing 218 AFFIDAVIT of Thomas K. McCraw, Jr. in Support re #215 MOTION for Summary Judgment filed by Dorchester Real Estate, Inc.,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(McCraw, Thomas) |
| Filing 217 Statement of Material Facts L.R. 56.1 re #215 MOTION for Summary Judgment filed by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 216 MEMORANDUM in Support re #215 MOTION for Summary Judgment filed by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 215 MOTION for Summary Judgment by Dorchester Real Estate, Inc.,.(McCraw, Thomas) |
| Filing 214 AFFIDAVIT in Support re #211 MOTION for Summary Judgment filed by EB Real Estate Group, Inc.. (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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit P, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Azzarito, Mary) |
| Filing 213 Statement of Material Facts L.R. 56.1 re #211 MOTION for Summary Judgment filed by EB Real Estate Group, Inc.. (Azzarito, Mary) |
| Filing 212 MEMORANDUM in Support re #211 MOTION for Summary Judgment filed by EB Real Estate Group, Inc.. (Azzarito, Mary) |
| Filing 211 MOTION for Summary Judgment by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 210 Statement of Material Facts L.R. 56.1 re #208 MOTION for Summary Judgment as to plaintiffs, Robert Smith and Maria DaSilva filed by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 209 MEMORANDUM in Support re #208 MOTION for Summary Judgment as to plaintiffs, Robert Smith and Maria DaSilva filed by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit)(Robertson, Douglas) |
| Filing 208 MOTION for Summary Judgment as to plaintiffs, Robert Smith and Maria DaSilva by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| ELECTRONIC NOTICE of Hearing on Motions #208 , #197 for Summary Judgment : Motion Hearing set for 4/8/2010 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) All motions for Summary Judgment will be heard. |
| Filing 207 Statement of Material Facts L.R. 56.1 re #205 MOTION for Summary Judgment as to Plaintiff, Robert Smith filed by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 206 MEMORANDUM in Support re #205 MOTION for Summary Judgment as to Plaintiff, Robert Smith filed by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Robertson, Douglas) |
| Filing 205 MOTION for Summary Judgment as to Plaintiff, Robert Smith by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 204 MOTION for Leave to File Excess Pages Supporting Summary Judgment Motions by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 203 MOTION for Extension of Time to March 9, 2010 to Respond to all summary judgment motions by Robert Smith.(Plaut, Jonathan) |
| Filing 202 Statement of Material Facts L.R. 56.1 re #200 MOTION for Summary Judgment as to Claims of Plt., Maria DaSilva filed by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 200 MOTION for Summary Judgment as to Claims of Plt., Maria DaSilva by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #203 Motion for Extension of Time. Opposition to all motions for summary judgment due March 9, 2010. (Tyler, Rebecca) |
| Judge Richard G. Stearns: Electronic ORDER entered denying #200 Motion for Summary Judgment; denying #204 Motion for Leave to File Excess Pages ; denying #205 Motion for Summary Judgment. The motions for summary judgment are denied without prejudice. Each defendant may only file one motion for summary judgment in this case, limited to 25 pages with normal formatting. Union may re-file a consolidated motion for summary judgment according to these guidelines. (Tyler, Rebecca) |
| Filing 199 Statement of Material Facts L.R. 56.1 re #197 MOTION for Summary Judgment filed by Mid City Mortgage, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Bauer, John) |
| Filing 198 MEMORANDUM in Support re #197 MOTION for Summary Judgment filed by Mid City Mortgage, LLC. (Bauer, John) |
| Filing 197 MOTION for Summary Judgment by Mid City Mortgage, LLC.(Bauer, John) |
| Judge Richard G. Stearns: Electronic ORDER entered. Plaintiff's request for sanctions (contained within his opposition although it should have been filed as a separate motion) is DENIED.(Tyler, Rebecca) |
| Judge Richard G. Stearns: Electronic ORDER entered denying #190 Motion to Appoint Guardian ad Litem. (Tyler, Rebecca) |
| Filing 196 Opposition re #190 MOTION to Appoint ad Litem ad Litem Jnt Mot to Determine Plt. R. Smith's Capacity and need for Appt. for Guardian Ad Litem and cross motion for sanctions filed by Robert Smith. (Attachments: #1 Affidavit Exhibit 1 - Affidavit of Robert Smith, #2 Affidavit Exhibit 2 - Affidavit of Gloria Smith McCray, #3 Affidavit Exhibit 3 - Affidavit of Dr. Elvin Hernandez)(Plaut, Jonathan) |
| Judge Richard G. Stearns: Electronic ORDER entered terminating #194 Motion to Strike, pursuant to the parties' joint submission, docket # 195 filed on 12/3/2009, indicating that plaintiffs withdraw the motion. (Tyler, Rebecca) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #195 Motion for Extension of Time to Complete Discovery. The court approves the parties' proposed deposition schedules to the extent that they seek approval for depositions in the instant action. The court makes no ruling with respect to the pending state cases. Plaintiff Smith shall have until January 15, 2010 to oppose the motion to appoint a guardian. The parties shall file any summary judgment motions by 2/16/2010. (Tyler, Rebecca) |
| Filing 195 MOTION for Extension of Time to February 15, 2010 to Complete Discovery Jnt. Motion to Address Discovery by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 194 MOTION to Strike Defenses of Union Capital Mortgage Business Trust by Robert Smith. (Attachments: #1 Affidavit)(Plaut, Jonathan) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #192 Motion to Seal Document. (Tyler, Rebecca) |
| Filing 192 MOTION to Seal Document #190 MOTION to Appoint ad Litem ad Litem Jnt Mot to Determine Plt. R. Smith's Capacity and need for Appt. for Guardian Ad Litem, #191 Memorandum in Support of Motion, Motion to Impound Exhibits to Mot. to Appnt. Ad Litem by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 191 MEMORANDUM in Support re #190 MOTION to Appoint ad Litem ad Litem Jnt Mot to Determine Plt. R. Smith's Capacity and need for Appt. for Guardian Ad Litem Memo in support of motion filed by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 190 MOTION to Appoint ad Litem ad Litem Jnt Mot to Determine Plt. R. Smith's Capacity and need for Appt. for Guardian Ad Litem by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 189 Opposition re #185 MOTION to Compel deposition of Fremont Investment and Loan filed by Fremont Reorganization Corporation. (Attachments: #1 Exhibit A)(Kennedy, J.) |
| Set/Reset Scheduling Order Deadlines: Depositions to be completed by 12/4/09; dispositive motions due 12/21/09. (Tyler, Rebecca) |
| Judge Richard G. Stearns: Electronic ORDER entered ALLOWING #183 Motion for Discovery. Mid City may depose DaSilva for no more than two (2) hours, strictly limited to her claim re: communication with a Mid-City representative; ALLOWING in part and DENYING in part #185 Motion to Compel. Fremont shall appear for a deposition, but the court orders that it be done as proposed by Fremont, with the Rule 30(b)(6) witness sworn before a court reporter in California and videoconferenced with counsel for all sides present at the Boston offices of Fremont's counsel; DENYING DaSilva's request to file an errata sheet over one year late; finding as moot #188 Motion for Discovery - as it is an opposition and not a motion. The court notes that discovery was scheduled to close on November 6, 2009. The period will be extended to December 4, 2009, but only for the two depositions referenced in this Order, which must be held by that date. Motions are due 12/21/2009. (Tyler, Rebecca) |
| Filing 188 Opposition to file errata sheet Union Capital Mortgage Business Trust.(Robertson, Douglas) Modified on 11/23/2009 (Flaherty, Elaine). Modified on 11/23/2009 (Flaherty, Elaine). |
| Filing 187 CERTIFICATE OF SERVICE by Robert Smith re #185 MOTION to Compel deposition of Fremont Investment and Loan. (Plaut, Jonathan) |
| Filing 186 Opposition re #183 MOTION for Discovery to Reopen Deposition of Plaintiff Maria DaSilva filed by Robert Smith. (Plaut, Jonathan) |
| Judge Richard G. Stearns: Electronic ORDER entered re #185 MOTION to Compel deposition of Fremont Investment and Loan filed by Robert Smith. Fremont's response, if any, must be filed by close of business on 11/5/09.(Tyler, Rebecca) |
| Filing 185 MOTION to Compel deposition of Fremont Investment and Loan by Robert Smith. (Attachments: #1 Exhibit Deposition notice of Fremont, #2 Exhibit Letter from Fremont to plaintiffs' counsel)(Plaut, Jonathan) |
| Judge Richard G. Stearns: Electronic ORDER entered re #184 Memorandum in Support of Motion filed by Mid City Mortgage, LLC. Because discovery is currently set to close on November 6, 2009, DaSilva's opposition to her further deposition, if any, shall be filed by close of business on Tuesday, November 3, 2009. (Tyler, Rebecca) |
| Filing 184 MEMORANDUM in Support re #183 MOTION for Discovery to Reopen Deposition of Plaintiff Maria DaSilva filed by Mid City Mortgage, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pelletier, Amie) |
| Filing 183 MOTION for Discovery to Reopen Deposition of Plaintiff Maria DaSilva by Mid City Mortgage, LLC.(Pelletier, Amie) |
| Judge Richard G. Stearns: Electronic ORDER entered denying #182 Motion for Discovery. As the court indicated in its previous order, it will consider amending the schedule only upon a showing that expert discovery is necessary in this matter. No such showing has been made by the party/parties seeking leave for experts. (Tyler, Rebecca) |
| Filing 182 Assented to MOTION for Discovery of Experts by Mid City Mortgage, LLC.(Newton, Claire) |
| Filing 181 ANSWER to #75 Amended Complaint by Fremont Reorganization Corporation.(Kennedy, J.) |
| Filing 180 MOTION for Extension of Time to File Answer re #179 Answer to Amended Complaint by New England Merchants Corp.(Markoff, Michael) |
| Filing 179 ANSWER to #75 Amended Complaint by New England Merchants Corp.(Markoff, Michael) |
| Set/Reset Deadlines: New Eng. Merchant Co.'s Answer due 7/9/2009. (Tyler, Rebecca) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #180 Motion for Extension of Time to Answer. New England Merchants Corp. answer due 7/9/2009. (Tyler, Rebecca) |
| Judge Richard G. Stearns: Electronic ORDER entered. SCHEDULING ORDER: Amended Pleadings due by 7/31/2009. Fact Discovery to be completed by 11/6/2009. Motions due by 12/11/2009. The court does not presently see the need for expert discovery but will amend the schedule upon a showing that it is necessary. Any such request must be made by October 1, 2009.(Tyler, Rebecca) |
| Set/Reset Scheduling Order Deadlines: Amended Pleadings due by 7/31/2009. Discovery to be completed by 11/6/2009. Motions due by 12/11/2009. (Tyler, Rebecca) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #178 Motion for Extension of Time to Answer Union Capital Mortgage Business Trust answer due 7/1/2009. (Flaherty, Elaine) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #172 Motion for Extension of Time (Flaherty, Elaine) |
| Set/Reset Answer Deadlines for Fremont Reorganization Corporation. (Flaherty, Elaine) |
| Filing 178 MOTION for Extension of Time to July 1, 2009 to File Answer re #75 Amended Complaint by Union Capital Mortgage Business Trust.(Brighton, Anthony) |
| Filing 177 Union Capital's ANSWER to #75 Amended Complaint of plaintiffs by Union Capital Mortgage Business Trust.(Brighton, Anthony) |
| Filing 176 Recommendations for Scheduling Order by Various Defendants. (Bauer, John) |
| Filing 175 Recommendations for Scheduling Order. (Bauer, John) |
| Filing 174 ANSWER to #75 Amended Complaint by Dorchester Real Estate, Inc.,.(McCraw, Thomas) |
| Filing 173 Recommendations for Scheduling Order. (Plaut, Jonathan) |
| Filing 172 Assented to MOTION for Extension of Time to 7/10/2009 to File Answer to the Amended Complaint by Fremont Reorganization Corporation.(Kennedy, J.) |
| Filing 171 ANSWER to #75 Amended Complaint by Mid City Mortgage, LLC.(Baez, Alexandria) |
| Filing 170 ANSWER to #75 Amended Complaint by EB Real Estate Group, Inc..(King, Joseph) |
| Judge Richard G. Stearns: Electronic ORDER entered finding as moot #169 Motion for Leave to File; (motion already having been allowed) (Flaherty, Elaine) |
| Filing 169 MOTION for Leave to File Supplement to their opposition to the motions to dismiss filed by all defendants, leave to file GRANTED by the Court on 6/19/09 by Robert Smith. (Attachments: #1 Exhibit Case law - Haser v. Wright)(Plaut, Jonathan) |
| Filing 168 NOTICE of Withdrawal of Appearance by Joel D. Hillygus (Hillygus, Joel) |
| Filing 167 NOTICE of Appearance by Claire E. Newton on behalf of Mid City Mortgage, LLC (Newton, Claire) |
| Filing 166 Judge Richard G. Stearns: MEMORANDUM AND ORDER entered granting in part and denying in part motions to dismiss.(Tyler, Rebecca) |
| Judge Richard G. Stearns: Electronic ORDER entered denying #144 Motion to Compel; granting #152 Motion for Leave to File; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; denying #153 Motion to Strike ; finding as moot #155 Motion to file response. (Tyler, Rebecca) |
| Filing 165 NOTICE of Appearance by Alexandria E. Baez on behalf of Mid City Mortgage, LLC (Baez, Alexandria) |
| Filing 164 NOTICE of Withdrawal of Appearance by Nancy M. Cremins (Cremins, Nancy) |
| E-Mail Notice re Entry #163 originally issued on 2/24/09 returned as undeliverable. Name of Addressee: Peter Moser. The ECF help desk has contacted the law firm on record, who advised that the attorney is no longer employed by that firm. The attorney's email address has been removed from the database to prevent the return of additional undelivered email notices. (Jones, Sherry) |
| Filing 163 NOTICE by Meritage Mortgage Corporation of Bankruptcy Filing (Charet, Linda) |
| Filing 162 Opposition re #155 MOTION Plaintiffs' motion for leave to respond to the Court's statements at oral argument on November 14, 2008 filed by EB Real Estate Group, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Azzarito, Mary) |
| Filing 161 Opposition re #155 MOTION Plaintiffs' motion for leave to respond to the Court's statements at oral argument on November 14, 2008 filed by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 160 Amended Opposition re #155 MOTION Plaintiffs' motion for leave to respond to the Court's statements at oral argument on November 14, 2008 filed by Mid City Mortgage, LLC. (Cremins, Nancy) |
| Filing 159 Opposition re #155 MOTION Plaintiffs' motion for leave to respond to the Court's statements at oral argument on November 14, 2008 filed by Mid City Mortgage, LLC. (Cremins, Nancy) |
| Filing 158 AFFIDAVIT in Opposition re #155 MOTION Plaintiffs' motion for leave to respond to the Court's statements at oral argument on November 14, 2008 filed by Fremont Reorganization Corporation. (Kennedy, J.) |
| Filing 157 RESPONSE to Motion re #155 MOTION Plaintiffs' motion for leave to respond to the Court's statements at oral argument on November 14, 2008 filed by Fremont Reorganization Corporation. (Kennedy, J.) |
| Filing 156 Opposition re #155 MOTION Plaintiffs' motion for leave to respond to the Court's statements at oral argument on November 14, 2008 filed by Union Capital Mortgage Business Trust. (Brighton, Anthony) |
| Filing 155 MOTION Plaintiffs' motion for leave to respond to the Court's statements at oral argument on November 14, 2008 by Robert Smith. (Attachments: #1 Exhibit 93A letter sent to applicable defendants (named therein) on behalf of Robert Smith only, #2 Exhibit 93A demand letter sent to Louis Bertucci only)(Plaut, Jonathan) |
| Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 11/14/2008 re #89 MOTION to Dismiss Amended Complaint filed by New England Merchants Corp, #85 MOTION to Dismiss Counts III, IV, V and VI of the Amended Complaint filed by Fremont Reorganization Corporation, #76 MOTION to Dismiss filed by Mid City Mortgage, LLC, #79 MOTION to Dismiss Counts I, II, VI, X, XII, XIII, XV of plt. first amd. comp. filed by Union Capital Mortgage Business Trust, #105 MOTION for Extension of Time filed by Robert E. Kelley and Motion to Dismiss filed therewith, #87 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Dorchester Real Estate, Inc., #82 MOTION to Dismiss filed by EB Real Estate Group, Inc. The court took the motions UNDER ADVISEMENT. (Court Reporter: J. Gibbons.)(Attorneys present: Baker, Plaut (plaintiffs); Cremins, McCraw, Randall, Kennedy, Markoff, King, McLaughlin, Robertson, Brighton (defendants)) (RGS, law2) Modified on 3/5/2012 (Scalfani, Deborah). |
| Filing 154 Opposition re #152 MOTION for Leave to File Supplement to Opposition to all Motions to Dismiss filed by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 153 MOTION to Strike #152 MOTION for Leave to File Supplement to Opposition to all Motions to Dismiss by Mid City Mortgage, LLC.(Cremins, Nancy) |
| Filing 152 MOTION for Leave to File Supplement to Opposition to all Motions to Dismiss by Robert Smith. (Attachments: #1 Haser v. Wright, et al.)(Plaut, Jonathan) |
| Filing 151 Letter/request (non-motion) from Linda Charet with consent of all parties for telephonic attendance at 11/14/08 hearing on motions to dismiss. (Charet, Linda) |
| Filing 150 Opposition re #105 MOTION for Extension of Time and to the Motion to Dismiss contained therein filed by Robert Smith. (Plaut, Jonathan) |
| Filing 149 Opposition re #61 MOTION to Dismiss of Robert Kelley and RKelley-Law, P.C. filed by Robert Smith. (Plaut, Jonathan) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #148 Motion to Compel Deposition Testimony. Defendants Louis Bertucci, Robert Kelley, and RKelley-Law, P.C. shall appear at the office of plaintiffs' counsel and testify at depositions on or before November 13, 2008. (RGS, law2) |
| Filing 148 Emergency MOTION to Compel Deposition of Attorney Bertucci, Attorney Kelley and RKelley-Law, P.C. by Robert Smith.(Plaut, Jonathan) |
| Filing 146 Opposition re #144 MOTION to Compel Production of Documents filed by Mid City Mortgage, LLC. (Attachments: #1 Exhibit Mid City Responses to Third Requests for Production)(Pelletier, Amie) |
| Filing 145 MEMORANDUM in Opposition re #144 MOTION to Compel Production of Documents filed by New England Merchants Corp. (Attachments: #1 Affidavit Affidavit of Michael J. Markoff, Esq.)(Markoff, Michael) |
| Filing 144 MOTION to Compel Production of Documents by Robert Smith. (Attachments: #1 Exhibit Exhibits 2 - 6)(Plaut, Jonathan) |
| ELECTRONIC NOTICE of Hearing on Motion : Motion Hearing (on motions to dismiss) set for Friday, 11/14/2008 at 02:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) |
| Filing 143 Judge Richard G. Stearns: ORDER entered. MEMORANDUM AND ORDER on Plaintiffs' Motion for a Finding of Contempt against defendant Dwight Jenkins, ENTERED. "...DENIED."(Flaherty, Elaine) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #133 Motion for Modification (Flaherty, Elaine) |
| Filing 142 NOTICE by EB Real Estate Group, Inc. to Reopen Motion to Dismiss (King, Joseph) |
| Filing 141 NOTICE by New England Merchants Corp (Markoff, Michael) |
| Filing 140 NOTICE by Mid City Mortgage, LLC To Re-Open Motion To Dismiss (Pelletier, Amie) |
| Filing 139 NOTICE by Robert E. Kelley To Re-Open Motion To Dismiss First Amended Complaint (McLaughlin, James) |
| Filing 138 NOTICE by Dorchester Real Estate, Inc., to Re-Open Motion to Dismiss First Amended Complaint (McCraw, Thomas) |
| Filing 137 NOTICE by Union Capital Mortgage Business Trust To Re-open Motion to Dismiss (Brighton, Anthony) |
| Filing 136 NOTICE by Fremont Investment & Loan re #86 Memorandum in Support of Motion to Re-Open Motion to Dismiss (Kennedy, J.) |
| Filing 135 NOTICE by Fremont Investment & Loan of Name Change of Real Party in Interest (Kennedy, J.) |
| Filing 134 ADDENDUM re #110 MOTION for Contempt Against Dwight Jenkins For Failure To Comply With Court Order of March 10, 2008 filed by Robert Smith. (Attachments: #1 Exhibit Exhibits 1-4, #2 Exhibit Exhibit 5)(Plaut, Jonathan) |
| Filing 133 First MOTION to Modify ORDER OF MARCH 10, 2008 TO ALLOW PAYMENT OF ATTORNEYS' FEES AND COSTS by Dwight Jenkins.(Domenico, Geoffrey) |
| Clerk's Notes for proceedings held before Judge Richard G. Stearns: Contempt Hearing held on 7/31/2008., Day 2. P-1 (Dwight Jenkins) sworn. Direct. No cross. Excused. The court takes the matter under advisement. Adjourns 5:00 p.m. (Court Reporter: James Gibbons)(Attorneys present: Jonathan Plaut for plaintiffs; Geoffrey Domenico for defendant Dwight Jenkins) (Prussia, Kevin) |
| Filing 132 AFFIDAVIT in Support re #114 Opposition to Motion Plaintiffs' Motion for Finding of Contempt and Issuance of Sanctions Against Dwight Jenkins for Failing to Comply with the Court's Order of March 10, 2008 (Dwight Jenkins). (Domenico, Geoffrey) |
| Filing 131 AFFIDAVIT in Support re #114 Opposition to Motion Plaintiffs' Motion for Finding of Contempt and Issuance of Sanctions Against Dwight Jenkins for Failing to Comply with the Court's Order of March 10, 2008. (Domenico, Geoffrey) |
| ELECTRONIC NOTICE OF RESCHEDULING. Due to a conflict, the hearing on plaintiffs' motion for contempt is re-scheduled to 3:30 PM on Thursday, July 31, 2008. (Prussia, Kevin) |
| Clerk's Notes for proceedings held before Judge Richard G. Stearns: Contempt Hearing held on 7/25/2008. The court hears argument from both parties and considers newly submitted documents in support and in opposition of the motion for contempt. The hearing is continued until Thursday, July 31, at 2:30 PM. (Court Reporter: Helana Kline)(Attorneys present: Jonathan Plaut for plaintiffs; Geoffrey Domenico for defendant Dwight Jenkins) (Prussia, Kevin) Modified on 7/28/2008 (Prussia, Kevin). |
| ELECTRONIC NOTICE of Hearing on Motion #110 MOTION for Contempt Against Dwight Jenkins For Failure To Comply With Court Order of March 10, 2008 : Motion Hearing set for 7/25/2008 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. "The Court orders that defendant DWIGHT JENKINS be present in the Courtroom for this hearing." SO ORDERED. Richard G. Stearns, USDJ.(Johnson, Mary) . |
| Filing 130 Disclosure pursuant to Rule 26 by Robert E. Kelley.(McLaughlin, James) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #127 Motion to Continue. (Prussia, Kevin) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #118 Motion to Compel; granting #119 Motion to Compel (Flaherty, Elaine) |
| Judge Richard G. Stearns: Electronic ORDER entered finding as moot #120 Motion to Compel (Flaherty, Elaine) |
| Judge Richard G. Stearns: Electronic ORDER entered. Motions terminated: #79 MOTION to Dismiss Counts I, II, VI, X, XII, XIII, XV of plt. first amd. comp. filed by Union Capital Mortgage Business Trust, #93 First MOTION to Dismiss and Memorandum in Support of Motion to Dismiss filed by Louis G. Bertucci, #82 MOTION to Dismiss filed by EB Real Estate Group, Inc., #76 MOTION to Dismiss filed by Mid City Mortgage, LLC, #87 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Dorchester Real Estate, Inc.,, #89 MOTION to Dismiss Amended Complaint filed by New England Merchants Corp, #85 MOTION to Dismiss Counts III, IV, V and VI of the Amended Complaint filed by Fremont Investment & Loan.(Prussia, Kevin) Modified on 9/9/2008 (Flaherty, Elaine). |
| Judge Richard G. Stearns: Electronic ORDER entered temporarily denying #76 Motion to Dismiss; temporarily denying #79 Motion to Dismiss; temporarily denying #82 Motion to Dismiss; temporarily denying #85 Motion to Dismiss; temporarily denying #87 Motion to Dismiss; temporarily denying #89 Motion to Dismiss; temporarily denying #93 Motion to Dismiss. In light of the parties' good faith effort to resolve the case through mediation, the court will deny the pending motions to dismiss without prejudice and cancel the hearing. If mediation does not result in settlement, each defendant may file notice with the court to re-open their already filed motion to dismiss. Such notice must be made no later than 8/20/2008. Thereafter the court will automatically re-new plaintiffs' consolidated opposition. (Prussia, Kevin). |
| Filing 129 Opposition re #120 MOTION to Compel Union Capital Mortgage Business Trust to Provide Further Answers to Interrogatories filed by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit A)(Robertson, Douglas) |
| Filing 128 Opposition re #127 MOTION to Continue hearing on defendants' motions to dismiss to September 4, 2008 assented to by ten defendants filed by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 127 MOTION to Continue hearing on defendants' motions to dismiss to September 4, 2008 assented to by ten defendants by Robert Smith.(Plaut, Jonathan) |
| Judge Richard G. Stearns: Electronic ORDER entered denying #115 Motion to Compel; re: 115 "Denied. the motion borders on the frivolous." denying #122 Motion for Protective Order; granting #124 Motion to Compel (Flaherty, Elaine) |
| Filing 126 RESPONSE to Motion re #124 MOTION to Compel Discovery Responses From RKelley-Law, P.C. and Robert E. Kelley, Esq. Opposition filed by Robert E. Kelley. (McLaughlin, James) |
| Filing 125 Opposition re #122 MOTION for Protective Order filed by Robert Smith. (Plaut, Jonathan) |
| Filing 124 MOTION to Compel Discovery Responses From RKelley-Law, P.C. and Robert E. Kelley, Esq. by Robert Smith.(Plaut, Jonathan) |
| Filing 123 AFFIDAVIT in Support re #122 MOTION for Protective Order filed by Robert E. Kelley. (McLaughlin, James) |
| Filing 122 MOTION for Protective Order by Robert E. Kelley.(McLaughlin, James) |
| Filing 121 ANSWER to #75 Amended Complaint by Robert E. Kelley.(McLaughlin, James) |
| Filing 120 MOTION to Compel Union Capital Mortgage Business Trust to Provide Further Answers to Interrogatories by Robert Smith.(Plaut, Jonathan) |
| Filing 119 MOTION to Compel interrogatory responses and responses to document requests against Louis Bertucci by Robert Smith.(Plaut, Jonathan) |
| Filing 118 MOTION to Compel interrogatory responses, the production of documents, and the filing of Initial Disclosures against Dwight Jenkins, Cherry Jenkins and Dorea Smith by Robert Smith.(Plaut, Jonathan) |
| Filing 117 Opposition re #115 MOTION to Compel plaintiffs to submit responses to doc requests filed by Robert Smith. (Plaut, Jonathan) |
| Filing 116 MEMORANDUM in Support re #115 MOTION to Compel plaintiffs to submit responses to doc requests filed by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibits A - D, #2 Exhibits E - G)(Robertson, Douglas) |
| Filing 115 MOTION to Compel plaintiffs to submit responses to doc requests by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 114 First Opposition re #110 MOTION for Contempt Against Dwight Jenkins For Failure To Comply With Court Order of March 10, 2008 filed by Dwight Jenkins. (Domenico, Geoffrey) |
| Judge Richard G. Stearns: Electronic ORDER entered. re #110 MOTION for Contempt Against Dwight Jenkins For Failure To Comply With Court Order of March 10, 2008 filed by Robert Smith. Given the gravity of plaintiffs' motion, defendant Dwight Jenkins is ordered to file an opposition within five (5) days or the court will treat the nonresponse as a further reason for a finding of contempt.(Prussia, Kevin) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #105 Motion for Extension of Time to file motion to dismiss late (Flaherty, Elaine) |
| Filing 113 Answer and Jury CLAIM by Union Capital Mortgage Business Trust. (Robertson, Douglas) Modified on 5/21/2008 (Flaherty, Elaine). |
| Judge Richard G. Stearns: Electronic ORDER entered granting #111 Motion for Leave to File; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Prussia, Kevin) |
| Filing 112 NOTICE of Withdrawal of Appearance by Daniel A. Leonardo (Leonardo, Daniel) |
| Filing 111 MOTION for Leave to File answer late to Meritage Mortgage's cross-claim by Union Capital Mortgage Business Trust. (Attachments: #1 Exhibit Exhibit A)(Robertson, Douglas) |
| Filing 110 MOTION for Contempt Against Dwight Jenkins For Failure To Comply With Court Order of March 10, 2008 by Robert Smith.(Plaut, Jonathan) |
| Filing 109 MOTION for Extension of Time to July 14 or 15, 2008 to hold hearing on seven motions to dismiss (assented to by six defendants) by Robert Smith.(Plaut, Jonathan) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #109 Motion for Extension of Time. "Allowed. The motions hearing is re-scheduled to Friday, July 25, 2008 at 2:00 P.M." (Johnson, Mary) Modified on 5/12/2008 (Johnson, Mary). |
| Filing 108 AFFIDAVIT in Support re #101 MOTION for Leave to File Reply to Plaintiffs' Opposition to Fremont Investment & Loan's Motion to Dismiss (Leave to File Granted May 9, 2008) filed by Fremont Investment & Loan. (Leonardo, Daniel) |
| Filing 107 REPLY to Response to #85 MOTION to Dismiss Counts III, IV, V and VI of the Amended Complaint (Leave to File Granted on May 9, 2008) filed by Fremont Investment & Loan. (Attachments: #1 Exhibit A)(Leonardo, Daniel) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #101 Motion for Leave to File; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Prussia, Kevin) |
| Filing 106 Proposed MEMORANDUM in Support re #105 Second MOTION to Dismiss filed by Robert E. Kelley. (McLaughlin, James) |
| Filing 105 Motion to file motion to dismiss late by Robert E. Kelley.(McLaughlin, James) Modified on 5/20/2008 (Flaherty, Elaine). |
| Filing 104 DEFENDANTS DWIGHT JENKINS, CHERRY JENKINS and DOREA SMITH'S ANSWER to Complaint (FIRST AMENDED COMPLAINT) by Dwight Jenkins.(Domenico, Geoffrey) |
| Filing 103 AFFIDAVIT in Support re #101 MOTION for Leave to File Reply to Plaintiffs' Opposition to Fremont Investment & Loan's Motion to Dismiss filed by Fremont Investment & Loan. (Leonardo, Daniel) |
| Filing 102 REPLY to Response to #85 MOTION to Dismiss Counts III, IV, V and VI of the Amended Complaint filed by Fremont Investment & Loan. (Attachments: #1 Exhibit A)(Leonardo, Daniel) |
| Filing 101 MOTION for Leave to File Reply to Plaintiffs' Opposition to Fremont Investment & Loan's Motion to Dismiss by Fremont Investment & Loan.(Leonardo, Daniel) |
| Filing 100 NOTICE of Appearance by Amie R. Pelletier on behalf of Mid City Mortgage, LLC (Pelletier, Amie) |
| Mail Returned as Undeliverable- House vacant. Mail sent to Cherry A. Jenkins (Flaherty, Elaine) |
| Filing 99 NOTICE of Appearance by Geoffrey A. Domenico on behalf of Dorea Smith (Domenico, Geoffrey) |
| Filing 98 NOTICE of Appearance by Geoffrey A. Domenico on behalf of Cherry Jenkins (Domenico, Geoffrey) |
| Filing 97 NOTICE of Appearance by Geoffrey A. Domenico on behalf of Dwight Jenkins (Domenico, Geoffrey) |
| Filing 96 NOTICE by Robert Smith Of Service Of Consolidated Opposition To Seven Motions To Dismiss (Plaut, Jonathan) |
| Filing 95 Opposition re #89 MOTION to Dismiss Amended Complaint, #85 MOTION to Dismiss Counts III, IV, V and VI of the Amended Complaint, #76 MOTION to Dismiss, #93 First MOTION to Dismiss and Memorandum in Support of Motion to Dismiss, #79 MOTION to Dismiss Counts I, II, VI, X, XII, XIII, XV of plt. first amd. comp., #84 MOTION for Leave to File Excess Pages, #87 MOTION to Dismiss Plaintiffs' First Amended Complaint, #82 MOTION to Dismiss filed by Robert Smith. (Plaut, Jonathan) |
| Filing 94 Judge Richard G. Stearns: ORDER entered to Answer or otherwise defend. (Zierk, Marsha) |
| Filing 93 First MOTION to Dismiss and Memorandum in Support of Motion to Dismiss by Louis G. Bertucci.(Fein, Christopher) |
| Filing 92 NOTICE of Appearance by Christopher J Fein on behalf of Louis G. Bertucci (Fein, Christopher) |
| Notice of correction to docket made by Court staff. Correction: the response date for oppositions to be filed - corrected because: it was typed incorrectly. The correct date for plaintiff's response to the motions to dismiss is April 14, 2008 (and not April 7). Mary Johnson, Deputy Clerk to Stearns, DJ. (Johnson, Mary) |
| Judge Richard G. Stearns: Electronic ORDER entered granting in part and denying in part #91 Motion for Extension of Time. Plaintiffs' response is due 4/14/2008. No further extensions will be allowed. (Prussia, Kevin). Modified on 4/8/2008 (Prussia, Kevin). |
| Filing 91 MOTION for Extension of Time to April 21, 2008 to Respond to Motions to Dismiss by Robert Smith.(Plaut, Jonathan) |
| Motions terminated: #16 MOTION to Dismiss Count III 93A, Sec. 9 filed by Union Capital Mortgage Business Trust, #61 MOTION to Dismiss filed by Robert E. Kelley, #22 MOTION to Dismiss Counts XI, XII and XIII of the Complaint filed by Fremont Investment & Loan, #62 MOTION to Dismiss filed by Robert E. Kelley, #17 MOTION to Dismiss Count X All. Viol. 140D filed by Union Capital Mortgage Business Trust, #15 MOTION to Dismiss Count X All. Viol. 209 filed by Union Capital Mortgage Business Trust, #18 MOTION to Dismiss Counts I, VI, VIII and IX filed by Union Capital Mortgage Business Trust, #56 MOTION to Dismiss filed by EB Real Estate Group, Inc.. (Flaherty, Elaine) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #84 Motion for Leave to File Excess Pages. (Prussia, Kevin). |
| Filing 90 MEMORANDUM in Support re #89 MOTION to Dismiss Amended Complaint filed by New England Merchants Corp. (Markoff, Michael) |
| Filing 89 MOTION to Dismiss Amended Complaint by New England Merchants Corp.(Markoff, Michael) |
| Filing 88 MEMORANDUM in Support re #87 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 87 MOTION to Dismiss Plaintiffs' First Amended Complaint by Dorchester Real Estate, Inc.,.(McCraw, Thomas) |
| Filing 86 MEMORANDUM in Support re #85 MOTION to Dismiss Counts III, IV, V and VI of the Amended Complaint filed by Fremont Investment & Loan. (Leonardo, Daniel) |
| Filing 85 MOTION to Dismiss Counts III, IV, V and VI of the Amended Complaint by Fremont Investment & Loan.(Leonardo, Daniel) |
| Filing 84 MOTION for Leave to File Excess Pages by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 83 MEMORANDUM in Support re #82 MOTION to Dismiss filed by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 82 MOTION to Dismiss by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 81 ANSWER to #75 Amended Complaint by Meritage Mortgage Corporation.(Charet, Linda) |
| Filing 80 MEMORANDUM in Support re #79 MOTION to Dismiss Counts I, II, VI, X, XII, XIII, XV of plt. first amd. comp. filed by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 79 MOTION to Dismiss Counts I, II, VI, X, XII, XIII, XV of plt. first amd. comp. by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 78 NOTICE of Change of Address or Firm Name by Thomas K. McCraw, Jr as counsel for Defendant Dorchester Real Estate, Inc. (McCraw, Thomas) |
| Filing 77 MEMORANDUM in Support re #76 MOTION to Dismiss filed by Mid City Mortgage, LLC. (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)(Cremins, Nancy) |
| Filing 76 MOTION to Dismiss by Mid City Mortgage, LLC.(Cremins, Nancy) |
| Filing 75 First AMENDED COMPLAINT against all defendants - Leave to File Granted (Stearns, J.) on March 10, 2008, filed by Robert Smith.(Plaut, Jonathan) |
| Filing 74 Disclosure pursuant to Rule 26 by Meritage Mortgage Corporation.(Charet, Linda) |
| Filing 73 Disclosure pursuant to Rule 26 by New England Merchants Corp.(Markoff, Michael) |
| Filing 72 Disclosure pursuant to Rule 26 by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 71 Disclosure pursuant to Rule 26 by Dorchester Real Estate, Inc.,.(McCraw, Thomas) |
|
Filing 70
Judge Richard G. Stearns: ORDER entered granting in part and denying in part #40 Motion enforce state court's injunction is ALLOWED in part. The court will adopt the October 11, 2007 order by Judge Lauriat. The balance of the motion is DENIED." cc: all counsel of record, Atty. Greenaway and Mr. Bertucci.) (Flaherty, Elaine)
|
| Filing 69 Judge Richard G. Stearns: Electronic ORDER entered granting #31 Motion for Clarification "...The clerk will mail notice to Bertucci that he must, therefore, defend the case." cc: all counsel of record and Mr. Bertucci. (copy also mailed to Atty. Greenaway) (Flaherty, Elaine) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #48 Motion for Leave to File; 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. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. As the proposed complaint is largely similar to the original complaint, the court will allow the motion. (Prussia, Kevin) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #68 Motion to Continue : "Hearing re-scheduled to 5/13/2008 02:00 PM in Courtroom 21 before Judge Richard G. Stearns." (Johnson, Mary) |
| Filing 68 MOTION to Continue Hearing on various motions to May 13, 14 or 15, 2008 by Robert Smith.(Plaut, Jonathan) |
| Filing 67 Judge Richard G. Stearns: ORDER entered denying #50 Motion for Leave to File; (Zierk, Marsha) |
| Judge Richard G. Stearns: Electronic ORDER entered finding as moot #66 Motion for Clarification. Under Local Rule 7.1(B)(2), "[a] party opposing a motion, shall file an opposition to the motion within fourteen (14) days after service of the motion, unless another period is fixed by the court...." (Zierk, Marsha) |
| Filing 66 MOTION for Clarification as to deadline for filing response to motions to dismiss by Robert Smith.(Plaut, Jonathan) |
| Filing 65 NOTICE of Change of Address or Firm Name by Donn A. Randall (Randall, Donn) |
| Filing 64 NOTICE of Change of Address or Firm Name by Daniel A. Leonardo with certificate of service (Leonardo, Daniel) |
| ELECTRONIC NOTICE OF RESCHEDULING:Hearing re-scheduled to Friday, 5/2/2008 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) |
| Filing 63 Disclosure pursuant to Rule 26 by Robert Smith.(Plaut, Jonathan) |
| Filing 62 MOTION to Dismiss by Robert E. Kelley.(McLaughlin, James) |
| Filing 61 MOTION to Dismiss by Robert E. Kelley.(McLaughlin, James) |
| Filing 60 Opposition re #48 MOTION for Leave to File First Amended Complaint filed by Union Capital Mortgage Business Trust. (Brighton, Anthony) |
| Filing 59 MOTION for Leave to File Excess Pages by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 58 AFFIDAVIT in Support re #56 MOTION to Dismiss filed by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 57 MEMORANDUM in Support re #56 MOTION to Dismiss filed by EB Real Estate Group, Inc.. (King, Joseph) |
| Filing 56 MOTION to Dismiss by EB Real Estate Group, Inc..(King, Joseph) |
| Filing 55 CORPORATE DISCLOSURE STATEMENT by Mid City Mortgage, LLC. (Cremins, Nancy) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #59 Motion for Leave to File Excess Pages (Prussia, Kevin) |
| Judge Richard G. Stearns: Electronic ORDER entered granting #53 Motion for Extension of Time. Defendants have until March 21, 2008 to answer or otherwise respond to Plaintiffs' Complaint. Defendants have until March 14, 2008 to provide their Rule 26(a)(1) initial disclosures. No further extensions will be allowed without good cause shown. (Prussia, Kevin) |
| Filing 54 Opposition re #48 MOTION for Leave to File First Amended Complaint filed by EB Real Estate Group, Inc.. (Attachments: #1 Exhibit Electronic Notice of Filing)(Azzarito, Mary) |
| Filing 53 Joint MOTION for Extension of Time to March 21, 2008 to for Defendants to answer or otherwise respond to Plaintiffs' Complaint and (b) to extend up to and including March 14, 2008 the time within which to make automatic disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure, filed by Meritage Mortgage Corporation.(Charet, Linda) |
| Filing 52 Letter/request (non-motion) from Union Capital's RPD to M. DaSilva. (Robertson, Douglas) |
| Filing 51 Disclosure pursuant to Rule 26 by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 49 Proposed First AMENDED COMPLAINT against all defendants, filed by Robert Smith.(Plaut, Jonathan) Modified on 1/15/2008 (Flaherty, Elaine). |
| Filing 48 MOTION for Leave to File First Amended Complaint by Robert Smith.(Plaut, Jonathan) |
| ELECTRONIC NOTICE of Hearing on Motion #18 MOTION to Dismiss Counts I, VI, VIII and IX, #31 MOTION for Clarification Regarding Defendant Louis Bertucci, #40 MOTION Enforce State Court Injunction pursuant to 28 USC 1450, #15 MOTION to Dismiss Count X All. Viol. 209, #22 MOTION to Dismiss Counts XI, XII and XIII of the Complaint, #17 MOTION to Dismiss Count X All. Viol. 140D, #16 MOTION to Dismiss Count III 93A, Sec. 9 : Motion Hearing set for 2/25/2008 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) |
| Filing 50 MOTION for Leave to File opposition to plaintiff's motion for injunction by Dwight Jenkins, Cherry Jenkins, Dorea Smith.(Flaherty, Elaine) |
| Filing 47 NOTICE of Appearance by Joel D. Hillygus on behalf of EB Real Estate Group, Inc. (Hillygus, Joel) |
| Notice of correction to docket made by Court staff. Correction: #43 (appearanceof Atty. Markoff) corrected because: it was incorrectly docketed and linked to the wrong party. It has been corrected and re-docketed. (Johnson, Mary) |
| Filing 44 NOTICE of Appearance by Peter J. Moser on behalf of Mid City Mortgage, LLC (Moser, Peter) |
| Filing 41 CERTIFICATION pursuant to Local Rule 16.1 by Dorchester Real Estate, Inc.,.(McCraw, Thomas) |
| Filing 40 MOTION Enforce State Court Injunction pursuant to 28 USC 1450 by Robert Smith.(Plaut, Jonathan) |
| Filing 39 CERTIFICATION pursuant to Local Rule 16.1 by Robert E. Kelley.(McLaughlin, James) |
| Judge Richard G. Stearns : Electronic ORDER entered finding as moot #28 Motion for Extension of Time. As stated by the court at the scheduling conference, the deadline to file a response to the complaint has been extended to January 25, 2008. (Prussia, Kevin) |
| Judge Richard G. Stearns: Electronic ORDER entered finding as moot #8 Motion for Hearing. (Johnson, Mary) . |
| Filing 46 JOINT SUBMISSION pursuant to Local Rule 16.1 filed in open Court.(Johnson, Mary) |
| Filing 45 NOTICE of Appearance by Michael J. Markoff on behalf of New England Merchants Corp. (Johnson, Mary) |
| Filing 42 NOTICE of Appearance by Jeffrey S. Baker on behalf of Maria DaSilva (Johnson, Mary) |
| Filing 38 NOTICE of Appearance by Jay S. Gregory on behalf of Dorchester Real Estate, Inc., (Gregory, Jay) |
| Filing 37 CERTIFICATE OF CONSULTATION. (King, Joseph) |
| Filing 36 NOTICE of Appearance by Nancy M. Cremins on behalf of Mid City Mortgage, LLC (Cremins, Nancy) |
| Filing 35 CORPORATE DISCLOSURE STATEMENT by Dorchester Real Estate, Inc.,. (McCraw, Thomas) |
| Filing 34 NOTICE of Appearance by Thomas K. McCraw, Jr on behalf of Dorchester Real Estate, Inc., (McCraw, Thomas) |
| Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns : Scheduling Conference held on 12/11/2007. After colloquy with counsel, the Court informs counsel to continue to proceed with discovery. Deadline for automatic disclosures is 1/31/08; any further motions to dismiss shall be filed by 1/25/08 with responses due by 2/21/08. A hearing will then be scheduled. Once the motions to dismiss are decided, the Court will enter a further discovery schedule. (Court Reporter: James Gibbons.)(Attorneys present: Attys. Plaut and Baker for the plaintiffs; Attys. McLaughlin, Moser, Markoff, Robertson, Greenaway, King, Azzarito, Randall, Leonardo (and Carol Levy by telephone) present for the defendants). (Johnson, Mary) Modified on 12/11/2007 (Johnson, Mary). |
| Filing 33 NOTICE of Appearance by John R. Bauer on behalf of Mid City Mortgage, LLC (Bauer, John) |
| Filing 32 CERTIFICATE OF CONSULTATION Local Rule 16.1 Certification. (Robertson, Douglas) |
| Filing 31 MOTION for Clarification Regarding Defendant Louis Bertucci by Robert Smith.(Plaut, Jonathan) |
| Filing 30 Proposed Document(s) submitted by Meritage Mortgage Corporation. Document received: order extending time. (Flaherty, Elaine) |
| Notice of correction to docket made by Court staff. Correction: 28 and 29 corrected because: documents unsigned by attorneys (Flaherty, Elaine) |
| ELECTRONIC NOTICE of Scheduling/Status Conference: "counsel are ordered to appear for a Scheduling /Status Conference on Tues., 12/11/2007 at 12:00 Noon in Courtroom 21 before Judge Richard G. Stearns. Counsel shall bring with them at that time a "joint proposed discovery schedule" for the Court's approval. SO ORDERED." Richard G. Stearns, USDJ.(Johnson, Mary) Modified on 11/30/2007 (Johnson, Mary). |
| Filing 29 CORPORATE DISCLOSURE STATEMENT by Meritage Mortgage Corporation. (Charet, Linda) Additional attachment(s) added on 11/30/2007 (Flaherty, Elaine). |
| Filing 28 Assented to MOTION for Extension of Time to 12/31/2007 to Defendant Meritage Mortgage Corporation to Extend Time to File Its Answer or Otherwise Respond to the Complaint by Meritage Mortgage Corporation.(Charet, Linda) Additional attachment(s) added on 11/30/2007 (Flaherty, Elaine). |
| Notice of correction to docket made by Court staff. Correction: document #27 corrected because: Counsel erroneously attached state document to notice; Court deleted attachment. (Hassett, Kathy) |
| Filing 27 NOTICE of Appearance by Linda S. Charet on behalf of Meritage Mortgage Corporation (Charet, Linda) Modified on 11/28/2007 (Hassett, Kathy). |
| Filing 23 MEMORANDUM in Support re #22 MOTION to Dismiss Counts XI, XII and XIII of the Complaint filed by Fremont Investment & Loan. (Leonardo, Daniel) |
| Filing 22 MOTION to Dismiss Counts XI, XII and XIII of the Complaint by Fremont Investment & Loan.(Leonardo, Daniel) |
| Filing 26 CERTIFICATE OF SERVICE by Robert E. Kelley, RKelley-Law, P.C. re #24 Notice of Appearance, #25 Answer to Complaint. (Patch, Christine) |
| Filing 25 ANSWER to Complaint with Jury Demand by Robert E. Kelley, RKelley-Law, P.C..(Patch, Christine) |
| Filing 24 NOTICE of Appearance by James F. McLaughlin on behalf of Robert E. Kelley, RKelley-Law, P.C. (Patch, Christine) |
| Filing 21 STATE COURT Record Fremont Investment & Loan served on 10/12/2007, answer due 11/26/2007.. (Attachments: #1 State Court Record - Part I#2 State Court Record - Part 2#3 State Court Record - Part 3#4 State Court Record - Part 4#5 State Court Record - Part 5#6 State Court Record - Part 6)(Leonardo, Daniel) |
| Filing 20 Opposition re #17 MOTION to Dismiss Count X All. Viol. 140D, #15 MOTION to Dismiss Count X All. Viol. 209, #16 MOTION to Dismiss Count III 93A, Sec. 9, #18 MOTION to Dismiss Counts I, VI, VIII and IX and request for status conference filed by Robert Smith. (Plaut, Jonathan) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT by EB Real Estate Group, Inc.. (Azzarito, Mary) |
| Judge Richard G. Stearns : Electronic ORDER entered granting #9 Motion for Extension of Time to Answer Fremont Investment & Loan answer due 11/26/2007. (Flaherty, Elaine) |
| Filing 18 MOTION to Dismiss Counts I, VI, VIII and IX by Union Capital Mortgage Business Trust.(Brighton, Anthony) |
| Filing 17 MOTION to Dismiss Count X All. Viol. 140D by Union Capital Mortgage Business Trust. (Attachments: #1)(Robertson, Douglas) |
| Filing 16 MOTION to Dismiss Count III 93A, Sec. 9 by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 15 MOTION to Dismiss Count X All. Viol. 209 by Union Capital Mortgage Business Trust.(Robertson, Douglas) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Union Capital Mortgage Business Trust. (Robertson, Douglas) |
| Filing 13 NOTICE of Appearance by Douglas A. Robertson on behalf of Union Capital Mortgage Business Trust (Robertson, Douglas) |
| Filing 12 NOTICE of Appearance by Mary Alys Azzarito on behalf of EB Real Estate Group, Inc. (Azzarito, Mary) |
| Filing 11 NOTICE of Appearance by Joseph A. King on behalf of EB Real Estate Group, Inc. (King, Joseph) |
| Filing 10 NOTICE of Appearance by Anthony R. Brighton on behalf of Union Capital Mortgage Business Trust (Brighton, Anthony) |
| Notice of correction to docket made by Court staff. Correction: docket 5 corrected because: unsigned (Flaherty, Elaine) |
| Filing 9 Assented to MOTION for Extension of Time to 11/26/2007 to File Answer by Fremont Investment & Loan.(Kennedy, J.) |
| Filing 8 MOTION for Hearing on Plaintiffs' Complaint for Contempt by Robert Smith. (Attachments: #1 Exhibit Order of Mass. Superior Court, and Affidavit of Counsel)(Plaut, Jonathan) |
| Filing 7 NOTICE of Appearance by Jonathan D. Plaut on behalf of Robert Smith (Plaut, Jonathan) |
| Filing 6 NOTICE of Appearance by Mary Alys Azzarito on behalf of EB Real Estate Group, Inc. (Azzarito, Mary) |
| Filing 5 NOTICE of Appearance by Douglas A. Robertson on behalf of Union Capital Mortgage Business Trust (Robertson, Douglas) Additional attachment(s) added on 11/9/2007 (Flaherty, Elaine). |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Fremont Investment & Loan. (Leonardo, Daniel) |
| Filing 3 NOTICE of Appearance by J. Patrick Kennedy on behalf of Fremont Investment & Loan (Kennedy, J.) |
| Filing 2 NOTICE of Appearance by Donn A. Randall on behalf of Fremont Investment & Loan (Randall, Donn) |
| ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Bowler (Nici, Richard) |
| Filing 1 NOTICE OF REMOVAL by Fremont Investment & Loan from Suffolk Superior Court, case number 07-04301-C. ( Filing fee $ 350 receipt number 1725170) (Attachments: #1 Exhibit A: State Court Pleadings#2 Exhibit B: State Court Pleadings#3 Civil Cover Sheet #4 Category Form)(Leonardo, Daniel) |
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