Marradi v. New Pete's, L.L.C. et al
| Raoul Marradi |
| New Pete's, L.L.C. and 265 Franklin Street Associates, LLC |
| 1:2017cv12588 |
| December 30, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Marianne B Bowler |
| Leo T Sorokin |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 1218 |
| Defendant |
Docket Report
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| Filing 68 District Judge Leo T. Sorokin: ORDER entered. #63 265 Franklin Street Associates, LLC's Motion for Attorney Fees is ALLOWED, but the Court reduces the fee request from $36,709.40 to $18,354.70. (Montes, Mariliz) |
| Filing 67 REPLY to Response to #63 MOTION for Attorney Fees and Costs filed by 265 Franklin Street Associates, LLC. (Todd, Erika) |
| Filing 66 Opposition re #63 MOTION for Attorney Fees and Costs filed by New Pete's, L.L.C.. (Attachments: #1 Exhibit unreported decision)(Perkins, Matthew) |
| Filing 65 AFFIDAVIT of Patrick P. Dinardo in Support re #63 MOTION for Attorney Fees and Costs filed by 265 Franklin Street Associates, LLC. (Dinardo, Patrick) |
| Filing 64 MEMORANDUM in Support re #63 MOTION for Attorney Fees and Costs filed by 265 Franklin Street Associates, LLC. (Todd, Erika) |
| Filing 63 MOTION for Attorney Fees and Costs by 265 Franklin Street Associates, LLC.(Todd, Erika) |
| Filing 62 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. 265 Franklin Associates shall file a motion, supported by evidence as necessary, for its claim for attorney's fees and costs. This motion shall be due by October 27, 2019. New Pete's shall file its opposition thirty days thereafter with a reply due seven days thereafter limited to five pages. The Court will schedule a hearing after reviewing the papers. ( 265 Franklin Associates' motion due by 10/27/2019; New Pete's opposition due by 11/26/2019; Replies due by 12/3/2019.(Montes, Mariliz) |
| Filing 61 STATUS REPORT by New Pete's LLC and by 265 Franklin Street Associates, LLC. (Perkins, Matthew) |
| Filing 60 Set Deadlines: Joint Status Report due by 9/27/2019. (Montes, Mariliz) |
| Filing 59 District Judge Leo T. Sorokin: ORDER entered. MEMORANDUM AND ORDER.For the foregoing reasons, #48 265 Franklin's cross-motion for judgment on the pleadings with respect to its indemnification claim is ALLOWED IN PART and DENIED IN PART, and #50 New Pete's cross-motion for judgment on the pleadings is DENIED.In addition to its indemnification claim, 265 Franklin's cross-motion for judgment on the pleadings asserts that New Petes, in allegedly failing to comply with the ADA, breached its contract with 265 Franklin. Doc. No. 6. The Magistrate Judge concluded that resolution of this claim turns on contested facts that are absent from the pleadings; thus, it cannot be decided atthis stage. Doc. No. 56 at 23; see also Aponte-Torres v. Univ. of P.R., 445 F.3d 50, 54 (1st Cir.2006). Neither party objected to this conclusion. After de novo review, the Court ADOPTS the Magistrate Judge's conclusion. Accordingly, 265 Franklin's motion for judgment on the pleadings with respect to its breach of contract claim is DENIED.The parties shall submit a joint status report by September 27, 2019 presenting joint or separate proposals for a schedule to govern the remainder of the case.(Montes, Mariliz) |
| Filing 58 REPLY TO OBJECTION to #56 Report and Recommendations dated July 30, 2019 filed by 265 Franklin Street Associates, LLC. (Todd, Erika) |
| Filing 57 OBJECTION to #56 Report and Recommendations filed by New Pete's, L.L.C.. (Attachments: #1 Exhibit Decision, #2 Exhibit caselaw, #3 Exhibit caselaw, #4 Exhibit caselaw)(Perkins, Matthew) |
| Filing 56 Magistrate Judge Marianne B. Bowler: ORDER entered. REPORT AND RECOMMENDATION Re: Crossclaim Plaintiff's Motion for Judgment on the Pleadings (Docket Entry #48 ); Crossclaim Defendant's Cross-Motion for Judgment on the Pleadings (Docket Entry #50 ). Recommendation: This court hereby RECOMMENDS that 265 Franklin's motion for judgment on the pleadings (Docket Entry #48 ) be ALLOWED as to Count II of the crossclaim complaint and DENIED as to Count I, and that the cross-motion for judgment on the pleadings filed by New Pete's (Docket Entry #50 ) be DENIED. Objections to R&R due by 8/13/2019. (Patton, Christine) |
| Filing 55 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Motion Hearing held on 6/19/2019 re #48 MOTION for Judgment on the Pleadings filed by 265 Franklin Street Associates, LLC, #50 Cross MOTION for Judgment on the Pleadings filed by New Pete's, L.L.C. Court hears argument, takes matters under advisement. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Perkins, Todd) (Putnam, Harold) |
| Filing 54 Opposition re #50 Cross MOTION for Judgment on the Pleadings filed by 265 Franklin Street Associates, LLC. (Todd, Erika) |
| Filing 53 ELECTRONIC NOTICE Resetting Hearing on Motion #50 Cross MOTION for Judgment on the Pleadings , #48 MOTION for Judgment on the Pleadings : Motion Hearing set for 6/19/2019 12:00 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Putnam, Harold) |
| Filing 52 ELECTRONIC NOTICE Setting Hearing on Motion #50 Cross MOTION for Judgment on the Pleadings , #48 MOTION for Judgment on the Pleadings : Motion Hearing set for 6/10/2019 12:00 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Putnam, Harold) |
| Filing 51 MEMORANDUM in Opposition re #48 MOTION for Judgment on the Pleadings , #50 Cross MOTION for Judgment on the Pleadings filed by New Pete's, L.L.C.. (Attachments: #1 unreported decision, #2 unreported decision, #3 unreported decision)(Perkins, Matthew) |
| Filing 50 Cross MOTION for Judgment on the Pleadings by New Pete's, L.L.C..(Perkins, Matthew) |
| Filing 49 MEMORANDUM in Support re #48 MOTION for Judgment on the Pleadings filed by 265 Franklin Street Associates, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Todd, Erika) |
| Filing 48 MOTION for Judgment on the Pleadings by 265 Franklin Street Associates, LLC.(Todd, Erika) |
| Filing 47 Reset Deadlines: dispositive motions due by 4/30/2019; Responses due by 5/14/2019. (Montes, Mariliz) |
| Filing 46 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #45 Joint Motion for Extension of Time to File dispositive motions. Dispositive motions due by 4/30/2019; opposition/cross motion due by 5/14/2019. (Montes, Mariliz) |
| Filing 45 Joint MOTION for Extension of Time to April 30, 2019 to File Dispositive Motions by 265 Franklin Street Associates, LLC.(Todd, Erika) |
| Filing 44 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #41 Defendant, New Pete's LLC's Motion to Dismiss. (Montes, Mariliz) |
| Filing 43 RESPONSE to Motion re #41 MOTION to Dismiss filed by Raoul Marradi. (Shulby, Todd) |
| Filing 42 MEMORANDUM in Support re #41 MOTION to Dismiss filed by New Pete's, L.L.C.. (Perkins, Matthew) |
| Filing 41 MOTION to Dismiss by New Pete's, L.L.C..(Perkins, Matthew) |
| Filing 40 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference held on 12/4/2018; #39 Plaintiff's Suggestion of Death addressed; further proceedings addressed including the filing of an unopposed motion to dismiss most likely. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Garno for the pltff by telephone; Perkins and Todd for the defts) (Lovett, Jarrett) |
| Filing 39 SUGGESTION OF DEATH Upon the Record as to Raoul Marradi by Raoul Marradi. (Shulby, Todd) |
| Filing 38 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference held on 10/2/2018. Counsel report on progress of discovery, request further date. (Status Conference set for 12/4/2018 02:00 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler.). (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Garno (by phone), Perkins, Todd) (Putnam, Harold) |
| Filing 37 ELECTRONIC NOTICE of Hearing. Status Conference set for 10/2/2018 02:00 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Putnam, Harold) |
| Filing 36 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Motion Hearing held on 7/12/2018 re #29 MOTION to Compel the Production Documents and for Sanctions filed by 265 Franklin Street Associates, LLC. Court hears argument, allows motion as to the documents sought and denies without prejudice to be renewed at the conclusion of the case as to that portion of the motion requesting sanctions. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Garno, Todd, Perkins) (Putnam, Harold) |
| Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting in part and denying in part #29 Motion to Compel. The motion is allowed as to the documents sought and is denied without prejudice to be renewed at the conclusion of the case as to that portion of the motion requesting sanctions. (Bowler, Marianne) |
| Filing 35 ELECTRONIC NOTICE Setting Hearing on Motion #29 MOTION to Compel the Production Documents and for Sanctions : Motion Hearing set for 7/12/2018 02:00 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Putnam, Harold) |
| Filing 34 ELECTRONIC NOTICE Canceling 6/27/2018 Status Conference. (Putnam, Harold) |
| Filing 33 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #32 Motion to Continue (Putnam, Harold) |
| Filing 32 MOTION to Continue Status Conference (D.E.30) by Raoul Marradi.(Shulby, Todd) |
| Filing 31 RESPONSE to Motion re #29 MOTION to Compel the Production Documents and for Sanctions filed by Raoul Marradi. (Attachments: #1 Exhibit, #2 Exhibit)(Shulby, Todd) |
| Filing 30 ELECTRONIC NOTICE OF RESCHEDULING. Status Conference set for 6/27/2018 02:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Putnam, Harold) |
| Filing 29 MOTION to Compel the Production Documents and for Sanctions by 265 Franklin Street Associates, LLC. (Attachments: #1 Exhibit A & B, #2 Exhibit C & D, #3 Exhibit E & F, #4 Exhibit G)(Todd, Erika) |
| Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered finding as moot #28 Motion for Clarification in light of the telephonic conference with counsel for the parties on this date. Discovery is stayed EXCEPT on the limited issue of standing until the next status conference which is scheduled for June 20, 2018 at 2:30 PM. (Bowler, Marianne) |
| Filing 28 MOTION for Clarification by 265 Franklin Street Associates, LLC.(Todd, Erika) |
| Filing 27 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference held on 3/21/2018. Court adopts #11 schedule as filed. Counsel request further date. (Status Conference set for 6/20/2018 02:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler.). (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Garno, Perkins, Dinardo) (Putnam, Harold) |
| Filing 26 CERTIFICATION pursuant to Local Rule 16.1 of 265 Franklin Street Associates, LLC. (Dinardo, Patrick) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT by 265 Franklin Street Associates, LLC identifying Other Affiliate BlackRock, Inc. for 265 Franklin Street Associates, LLC, 265 Franklin Street Associates, LLC.. (Dinardo, Patrick) |
| Filing 24 ELECTRONIC NOTICE OF RESCHEDULING DUE TO WEATHER. Status Conference set for 3/21/2018 10:15 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. THIS IS A TIME CHANGE ONLY.(Putnam, Harold) Modified on 3/20/2018 (Putnam, Harold): this will be a Scheduling Conference, not a Status Conference. |
| Filing 23 ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 3/21/2018 03:00 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. THIS IS A TIME CHANGE ONLY.(Putnam, Harold) |
| Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #22 Motion to Continue. The matter is continued until 3:00 PM on the same date. (Bowler, Marianne) |
| Filing 22 MOTION to Continue Scheduling Conference (D.E. 21) by Raoul Marradi.(Shulby, Todd) |
| Filing 21 ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 3/21/2018 02:15 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. THIS IS A TIME CHANGE ONLY(Putnam, Harold) |
| Filing 20 ELECTRONIC NOTICE of Scheduling Conference. Scheduling Conference set for 3/21/2018 02:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Putnam, Harold) |
| Filing 19 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Shulby, Todd) |
| Filing 18 ELECTRONIC NOTICE Canceling scheduling conference set for 3/8/18. (Simeone, Maria) |
| Filing 17 District Judge Leo T. Sorokin: ORDER entered. REFERRING CASE to Magistrate Judge Marianne B. Bowler Referred for: Full Pretrial, Dispositive Motions (ptd). (Simeone, Maria) |
| Filing 16 CERTIFICATION pursuant to Local Rule 16.1 . (Shulby, Todd) |
| Filing 15 CERTIFICATION pursuant to Local Rule 16.1 . (Perkins, Matthew) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by New Pete's, L.L.C.. (Perkins, Matthew) |
| Filing 13 ANSWER to Crossclaim by New Pete's, L.L.C..(Perkins, Matthew) |
| Filing 12 NOTICE of Appearance by Joseph T. Doyle, Jr on behalf of New Pete's, L.L.C. (Doyle, Joseph) |
| Filing 11 JOINT STATEMENT re scheduling conference . (Shulby, Todd) |
| Filing 10 NOTICE of Scheduling Conference; A Scheduling Conference has been set for 3/8/2018 02:00 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Attachments: #1 scheduling order sample, #2 standing order re summary judgment)(Simeone, Maria) |
| Filing 9 ANSWER to #1 Complaint, with Jury Demand by New Pete's, L.L.C..(Perkins, Matthew) |
| Filing 8 SUMMONS Returned Executed New Pete's, L.L.C. served on 1/16/2018, answer due 2/6/2018. (Shulby, Todd) |
| Filing 7 SUMMONS Returned Executed 265 Franklin Street Associates, LLC served on 1/16/2018, answer due 2/6/2018. (Shulby, Todd) |
| Filing 6 ANSWER to #1 Complaint, with Jury Demand , CROSSCLAIM against New Pete's, L.L.C. by 265 Franklin Street Associates, LLC.(Dinardo, Patrick) |
| Filing 5 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice Added Todd W. Shulby. 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. (Montes, Mariliz) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Todd W. Shulby, Esq. Filing fee: $ 100, receipt number 0101-6959742 by Raoul Marradi. (Attachments: #1 Affidavit, #2 FL Bar Letter of Good Standing)(Garno, Edward) |
| Filing 3 Summons Issued as to 265 Franklin Street Associates, LLC, New Pete's, L.L.C.. 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. (McKillop, Matthew) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 Marianne B. Bowler. (McKillop, Matthew) |
| Filing 1 COMPLAINT against 265 Franklin Street Associates, LLC, New Pete's, L.L.C. Filing fee: $ 400, receipt number 0101-6946161 (Fee Status: Filing Fee paid), filed by Raoul Marradi. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Garno, Edward) |
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