Batty et al v. Albertelli et al
Plaintiff: Paul Barnett, D. Scott Batty, Jr., Jean Batty, Commonwealth Second Amendment, Inc., David Goldman, Janele Goldman, Mary Learning, Edward Russo, Ken Trudell, Craig Vacca and Matt Wolf
Defendant: Ken Albertelli, Richard C. Grimes, David A. Provencher and William Taylor
Case Number: 1:2015cv10238
Filed: January 30, 2015
Court: US District Court for the District of Massachusetts
Office: Boston Office
County: Middlesex
Presiding Judge: F Dennis Saylor
Nature of Suit: Constitutional - State Statute
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on August 25, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2017 Filing 79 Judge F. Dennis Saylor, IV: ORDER entered. JUDGMENT for the Defendant. (Pezzarossi, Lisa)
February 24, 2017 Filing 78 Judge F. Dennis Saylor, IV: ORDER entered. MEMORANDUM AND ORDER on Motion for Judgment on the Pleadings and Cross-Motions for Summary Judgment.(Zaleski, Christine)
November 18, 2016 Filing 77 ADDENDUM re #72 MOTION for Leave to File filed by Ken Albertelli. (Welch, Wade)
October 6, 2016 Filing 76 REPLY to Response to #72 MOTION for Leave to File filed by Ken Albertelli. (Welch, Wade)
October 3, 2016 Filing 75 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered re: #72 Motion for Leave to File Document. Motion GRANTED, to the extent defendant desires to bring additional case authority to the attention of the Court. 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. (Pezzarossi, Lisa)
September 28, 2016 Filing 74 Judge F. Dennis Saylor, IV: ORDER entered. Order on Defendant Taylor's Unopposed #51 Motion to Dismiss. (Pezzarossi, Lisa)
September 23, 2016 Filing 73 RESPONSE to Motion re #72 MOTION for Leave to File filed by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo. (Attachments: #1 Appendix Selected pages from Ronald Glidden, Law Enforcement Guide to Firearms Law)(Jensen, David)
September 12, 2016 Filing 72 MOTION for Leave to File by Ken Albertelli.(Welch, Wade)
August 29, 2016 Filing 71 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Motion Hearing held on 8/29/2016 re #55 MOTION for Summary Judgment Against Defendant Chief Albertelli filed by Edward Russo, Jean Batty, Commonwealth Second Amendment, Inc., #50 MOTION for Judgment on the Pleadings with certificate of service filed by Ken Albertelli.Court heard argument on the motions. Court took the matter UNDER ADVISEMENT. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Jensen, Welch, Murray) (Pezzarossi, Lisa)
August 26, 2016 Filing 70 Supplemental RESPONSE to Motion re #51 MOTION to Dismiss Claims Against Lowell Police Superintendent Taylor filed by Paul Barnett, Commonwealth Second Amendment, Inc., Craig Vacca, Matt Wolf. (Jensen, David)
August 9, 2016 Filing 69 REPLY to Response to #55 MOTION for Summary Judgment Against Defendant Chief Albertelli filed by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo. (Jensen, David)
August 2, 2016 Filing 68 MEMORANDUM in Opposition re #51 MOTION to Dismiss Claims Against Lowell Police Superintendent Taylor filed by Paul Barnett, Commonwealth Second Amendment, Inc., Craig Vacca, Matt Wolf. (Jensen, David)
August 2, 2016 Filing 67 RESPONSE to Motion re #50 MOTION for Judgment on the Pleadings with certificate of service Response to FRCP 56.1 Statement of Facts filed by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo. (Attachments: #1 Exhibit 1 - Jean Batty deposition pages)(Jensen, David)
August 2, 2016 Filing 66 MEMORANDUM in Opposition re #50 MOTION for Judgment on the Pleadings with certificate of service filed by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo. (Jensen, David)
August 2, 2016 Filing 65 Opposition re #55 MOTION for Summary Judgment Against Defendant Chief Albertelli filed by Ken Albertelli. (Welch, Wade)
July 28, 2016 Filing 64 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #63 Motion for Extension of Time to File Response/Reply. (Stearns, Ian)
July 27, 2016 Filing 63 Assented to MOTION for Extension of Time to 8/2/2016 to File Response/Reply as to #51 MOTION to Dismiss Claims Against Lowell Police Superintendent Taylor, #55 MOTION for Summary Judgment Against Defendant Chief Albertelli, #50 MOTION for Judgment on the Pleadings with certificate of service by Paul Barnett, Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo, Craig Vacca, Matt Wolf.(Jensen, David)
July 12, 2016 Filing 62 Notice of correction to docket made by Court staff. Correction: D. 51-1 replaced as it was filed incorrectly. (Maynard, Timothy)
July 8, 2016 Filing 61 AFFIDAVIT of Thomas Bolioli in Support re #55 MOTION for Summary Judgment Against Defendant Chief Albertelli filed by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo. (Attachments: #1 Certificate of Service)(Jensen, David)
July 8, 2016 Filing 60 AFFIDAVIT of Michaela Dunne in Support re #55 MOTION for Summary Judgment Against Defendant Chief Albertelli filed by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo. (Attachments: #1 Exhibit LTC Data, #2 Certificate of Service)(Jensen, David)
July 8, 2016 Filing 59 AFFIDAVIT of Edward Russo in Support re #55 MOTION for Summary Judgment Against Defendant Chief Albertelli filed by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo. (Attachments: #1 Exhibit 1 - LTC application, #2 Exhibit 2 - Original LTC, #3 Exhibit 3 - Letter from PD, #4 Exhibit 4 - Restricted LTC, #5 Certificate of Service)(Jensen, David)
July 8, 2016 Filing 58 AFFIDAVIT of Jean Batty in Support re #55 MOTION for Summary Judgment Against Defendant Chief Albertelli filed by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo. (Attachments: #1 Exhibit 1 - LTC application, #2 Exhibit 2 - Original LTC, #3 Exhibit 3 - Letter from PD, #4 Exhibit 4 - Letter to PD, #5 Exhibit 5 - Restricted LTC, #6 Certificate of Service)(Jensen, David) Modified on 7/11/2016 (Maynard, Timothy).
July 8, 2016 Filing 57 Statement of Material Facts L.R. 56.1 re #55 MOTION for Summary Judgment Against Defendant Chief Albertelli filed by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo. (Attachments: #1 Exhibit 1 - Albertelli deposition (selected pages), #2 Exhibit 2 - Interrogatory responses, #3 Exhibit 3 - E-Mail from Counsel, #4 Exhibit 4 - Firearms Licensing Policy)(Jensen, David)
July 8, 2016 Filing 56 MEMORANDUM in Support re #55 MOTION for Summary Judgment Against Defendant Chief Albertelli filed by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo. (Jensen, David)
July 8, 2016 Filing 55 MOTION for Summary Judgment Against Defendant Chief Albertelli by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo.(Jensen, David)
July 7, 2016 Filing 54 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #53 plaintiffs' assented-to motion for one-day extension of time to file summary judgment motion. (Stearns, Ian)
July 7, 2016 Filing 53 MOTION for Extension of Time to file motion for summary judgment to File by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo.(Jensen, David)
July 7, 2016 Filing 52 MEMORANDUM in Support re #51 MOTION to Dismiss Claims Against Lowell Police Superintendent Taylor filed by William Taylor. (Attachments: #1 Exhibit A Lowell Policy LTCs)(Rossetti, Kenneth)
July 7, 2016 Filing 51 MOTION to Dismiss Claims Against Lowell Police Superintendent Taylor by William Taylor.(Rossetti, Kenneth)
July 7, 2016 Filing 50 MOTION for Judgment on the Pleadings with certificate of service by Ken Albertelli. (Attachments: #1 Supplement Memorandum of Law in Support of Defendant Albertelli's Motion for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment, #2 Exhibit Exhibits in Support of Memorandum of Law)(Welch, Wade)
June 20, 2016 Filing 49 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #48 Joint Motion for Extension of Time to 7/7/16 to file Dispositive Motions. NEW TIME AND DATE Court will reset Dispositive Motion Hearing for 8/29/2016 11:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Previously set hearing of 8/3/2016 is OFF). (Pezzarossi, Lisa)
June 17, 2016 Filing 48 Joint MOTION for Extension of Time to July 7, 2016 to File Dispositive Motions (One Week) by Jean Batty, Commonwealth Second Amendment, Inc., Edward Russo.(Jensen, David)
May 6, 2016 Filing 47 Judge F. Dennis Saylor, IV: ORDER entered. Order of Dismissal as to Chief Provencher of the New Bedford Police Department. (Pezzarossi, Lisa)
May 6, 2016 Filing 46 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 5/6/2016. Parties report on status. Court reviewed #45 STIPULATION of Dismissal as to Defendant Chief Provencher. Court allowed dismissal. Additional 30 day stay proposed and granted as to Dft. Taylor. Court has colloquy regarding dispositive motions. Court reviewed dispositive motion deadlines. Court set Dispositive Motion Hearing set for 8/3/2016 at 3:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Jensen, Groulx, Welch, Murray, Brown) (Pezzarossi, Lisa)
April 6, 2016 Filing 45 STIPULATION of Dismissal as to Defendant Chief Provencher (New Bedford Police Department) by Paul Barnett, D. Scott Batty, Jr, Jean Batty, Commonwealth Second Amendment, Inc., David Goldman, Janele Goldman, Edward Russo, Craig Vacca, Matt Wolf. (Jensen, David)
February 19, 2016 Filing 44 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #43 Assented Motion to Stay Lowell Plaintiffs' Claims Against Superintendent Taylor For a Period of 60 Days. (Pezzarossi, Lisa)
February 18, 2016 Filing 43 Assented to MOTION to Stay Plainitffs' Claims Against Lowell Police Superintendent William Taylor by William Taylor.(Rossetti, Kenneth)
February 9, 2016 Filing 42 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 2/9/2016. Case called. Parties report on status and plan for motions to be filed. Court confirmed upcoming status conference on 5/6/2016 at 2:00 p.m. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Rosetti and by phone: Jensen, Espinosa, Groulx, Welch, Murray) (Pezzarossi, Lisa)
December 15, 2015 Filing 41 Disclosure pursuant to Rule 26 by Ken Albertelli.(Welch, Wade)
November 9, 2015 Filing 40 Judge F. Dennis Saylor, IV: ORDER entered. SCHEDULING ORDER AND NOTICES OF HEARING: Status Conference set for 2/9/2016 02:30 PM in Courtroom 2 before Judge F. Dennis Saylor IV, and Status Conference set for 5/6/2016 02:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV.(Pezzarossi, Lisa)
November 9, 2015 Filing 39 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Scheduling Conference held on 11/9/2015. Case called. The Court reviews the Joint Statement. The Court imposes following deadlines: Initial disclosures shall be due by 12/15/2015. Amendments to pleadings shall be due by 12/15/2015. Written requests for discovery shall be served by 2/1/2016. Depositions, other than expert depositions, and fact discovery to be completed by 6/3/2016. Expert discovery not anticipated. Dispositive Motions shall be due by 6/30/2016. Status conferences set for 2/9/2016 at 2:30 p.m. and 5/6/2016 at 2:00 p.m. Scheduling Order to issue. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Jensen, Groulx, Espinola, Rosetti, Welsh, Murray) (Pezzarossi, Lisa)
November 3, 2015 Filing 38 JOINT STATEMENT re scheduling conference . (Jensen, David)
October 8, 2015 Filing 37 NOTICE of Scheduling Conference Scheduling Conference set for 11/9/2015 at 9:50 AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Attachments: #1 Text of Proposed Order)(Pezzarossi, Lisa)
September 17, 2015 Filing 36 ELECTRONIC NOTICE Canceling Hearing - 9/17 MOTION HEARING IS CANCELED. (Pezzarossi, Lisa)
September 16, 2015 Filing 35 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered denying without prejudice as moot #18 Motion to Stay. (Pezzarossi, Lisa)
September 16, 2015 Filing 34 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #32 Assented to MOTION to Stay as to Defendant William Taylor in his official capacity as Superintendent of the Lowell Police Department only. (Pezzarossi, Lisa)
September 16, 2015 Filing 33 Assented to MEMORANDUM in Support re #32 Assented to MOTION to Stay filed by William Taylor. (Brown, Rachel)
September 16, 2015 Filing 32 Assented to MOTION to Stay by William Taylor.(Brown, Rachel)
July 17, 2015 Filing 31 ELECTRONIC NOTICE Resetting Hearing on Motion #18 MOTION to Stay : Motion Hearing has been reset and will now take place on 9/17/2015 at 11:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Pezzarossi, Lisa)
July 17, 2015 Filing 30 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting in part and denying in part #28 Assented to Motion to Continue Motion Hearing. The Court will reset the motion hearing for 9/17/2015 at 11:00 a.m. (The Court is not available the week of 8/24/2015 as requested by the parties). (Pezzarossi, Lisa)
July 16, 2015 Filing 29 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #28 Assented to MOTION to Continue Hearing Date by Kenneth J. Rossetti on behalf of William Taylor. (Rossetti, Kenneth)
July 16, 2015 Filing 28 Assented to MOTION to Continue Hearing Date by William Taylor.(Rossetti, Kenneth)
July 1, 2015 Filing 27 STIPULATION of Dismissal as to Defendant Chief Grimes by Commonwealth Second Amendment, Inc., Mary Learning, Ken Trudell. (Jensen, David)
June 9, 2015 Filing 26 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered. ORDER Setting Hearing on Motion #18 MOTION to Stay : Motion Hearing set for 7/21/2015 at 11:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV.(Pezzarossi, Lisa)
May 26, 2015 Filing 25 Opposition re #18 MOTION to Stay filed by Paul Barnett, Jean Batty, Commonwealth Second Amendment, Inc., David Goldman, Janele Goldman, Mary Learning, Edward Russo, Ken Trudell, Craig Vacca, Matt Wolf. (Jensen, David)
May 22, 2015 Filing 24 Defendant, David A. Provencher's ANSWER to #9 Amended Complaint by David A. Provencher.(Espinola, Kreg)
May 15, 2015 Filing 23 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #22 Motion for Extension of Time to File Response/Reply re #18 MOTION to Stay . (Pezzarossi, Lisa)
May 14, 2015 Filing 22 Assented to MOTION for Extension of Time to 5/25/2015 to File Response/Reply as to #18 MOTION to Stay by Paul Barnett, Jean Batty, Commonwealth Second Amendment, Inc., David Goldman, Janele Goldman, Mary Learning, Edward Russo, Ken Trudell, Craig Vacca, Matt Wolf.(Jensen, David)
May 14, 2015 Filing 21 NOTICE of Appearance by Kreg R. Espinola on behalf of David A. Provencher (Espinola, Kreg)
May 4, 2015 Filing 20 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #18 MOTION to Stay by Kenneth J. Rossetti on behalf of William Taylor. (Rossetti, Kenneth)
May 4, 2015 Filing 19 MEMORANDUM in Support re #18 MOTION to Stay filed by William Taylor. (Rossetti, Kenneth)
May 4, 2015 Filing 18 MOTION to Stay by William Taylor.(Rossetti, Kenneth)
April 27, 2015 Filing 17 ANSWER to #9 Amended Complaint with certificate of service by Ken Albertelli.(Welch, Wade)
April 24, 2015 Filing 16 NOTICE of Appearance by Wade M. Welch on behalf of Ken Albertelli (Welch, Wade)
April 7, 2015 Filing 15 SUMMONS Returned Executed Ken Albertelli served on 4/6/2015, answer due 4/27/2015. (Groulx, Patrick)
April 7, 2015 Filing 14 SUMMONS Returned Executed David A. Provencher served on 4/6/2015, answer due 4/27/2015. (Groulx, Patrick)
April 2, 2015 Filing 13 Summons Issued as to David A. Provencher. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Maynard, Timothy)
March 23, 2015 Filing 12 WAIVER OF SERVICE Returned Executed by Richard C. Grimes. Richard C. Grimes waiver sent on 3/20/2015, answer due 5/19/2015. (Simms, Adam)
March 16, 2015 Filing 11 NOTICE of Appearance by Rachel M. Brown on behalf of William Taylor (Brown, Rachel)
March 16, 2015 Filing 10 NOTICE of Appearance by Kenneth J. Rossetti on behalf of William Taylor (Rossetti, Kenneth)
March 11, 2015 Filing 9 AMENDED COMPLAINT against All Defendants, filed by Paul Barnett, Jean Batty, Commonwealth Second Amendment, Inc., Mary Learning, Ken Trudell, Matt Wolf, Edward Russo, Craig Vacca, David Goldman, Janele Goldman.(Jensen, David)
March 6, 2015 Filing 8 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting # 7 Motion for Leave to Appear Pro Hac Vice Added David D. Jensen. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
March 5, 2015 Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of David D. Jensen Filing fee: $ 100, receipt number 0101-5438668 by Paul Barnett, D. Scott Batty, Jr, Jean Batty, Commonwealth Second Amendment, Inc., Mary Learning, Ken Trudell, Matt Wolf. (Attachments: # 1 Affidavit of David Jensen)(Groulx, Patrick)
March 3, 2015 Filing 6 NOTICE of Appearance by John J. Davis on behalf of Richard C. Grimes (Davis, John)
March 3, 2015 Filing 5 NOTICE of Appearance by Adam Simms on behalf of Richard C. Grimes (Simms, Adam)
February 2, 2015 Filing 4 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly)
February 2, 2015 Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge F. Dennis Saylor, IV 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 Judith G. Dein. (Abaid, Kimberly)
January 30, 2015 Filing 2 CORPORATE DISCLOSURE STATEMENT by Commonwealth Second Amendment, Inc.. (Groulx, Patrick)
January 30, 2015 Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-5390995 (Fee Status: Filing Fee paid), filed by Paul Barnett, Mary Learning, Commonwealth Second Amendment, Inc., D. Scott Batty, Jr, Jean Batty, Ken Trudell, Matt Wolf. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Groulx, Patrick)

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Search for this case: Batty et al v. Albertelli et al
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Plaintiff: Paul Barnett
Represented By: Patrick M. Groulx
Represented By: David D. Jensen
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Plaintiff: D. Scott Batty, Jr.
Represented By: Patrick M. Groulx
Represented By: David D. Jensen
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Plaintiff: Jean Batty
Represented By: Patrick M. Groulx
Represented By: David D. Jensen
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Plaintiff: Commonwealth Second Amendment, Inc.
Represented By: Patrick M. Groulx
Represented By: David D. Jensen
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Plaintiff: David Goldman
Represented By: David D. Jensen
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Plaintiff: Janele Goldman
Represented By: David D. Jensen
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Plaintiff: Mary Learning
Represented By: Patrick M. Groulx
Represented By: David D. Jensen
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Plaintiff: Edward Russo
Represented By: David D. Jensen
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Plaintiff: Ken Trudell
Represented By: Patrick M. Groulx
Represented By: David D. Jensen
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Plaintiff: Craig Vacca
Represented By: David D. Jensen
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Plaintiff: Matt Wolf
Represented By: Patrick M. Groulx
Represented By: David D. Jensen
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Defendant: Ken Albertelli
Represented By: Wade M. Welch
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Defendant: Richard C. Grimes
Represented By: John J. Davis
Represented By: Adam Simms
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Defendant: David A. Provencher
Represented By: Kreg R. Espinola
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Defendant: William Taylor
Represented By: Rachel M. Brown
Represented By: Kenneth J. Rossetti
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