Larson v. Perry et al Featured Case

The lawsuit at the center of the "Bad Art Friend" between Sonya Larson and Dawn Dorland.

Plaintiff: Sonya Larson
Defendant: Cohen Business Law Group, PC, Dawn Dorland Perry and Jeffrey A Cohen
Case Number: 1:2019cv10203
Filed: January 30, 2019
Court: US District Court for the District of Massachusetts
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2021 Opinion or Order Filing 155 Judge Indira Talwani: ELECTRONIC ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution.(MacDonald, Gail)
October 22, 2021 Opinion or Order Filing 154 Joint Request of the Parties Letter/request (non-motion) from Andrew D. Epstein to refer this Action to Mediation. (Epstein, Andrew)
October 14, 2021 Opinion or Order Filing 153 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 10/14/2021. Case called. Court had colloquy with counsel re: document production and expert testimony. By 10/22/2021, counsel shall conduct a 7.1 conference then file either a joint request for reference to mediation or a proposed schedule for summary judgment. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Andrew D. Epstein, Suzanne M. Elovecky, Matthew H. Greene) (MacDonald, Gail)
October 12, 2021 Opinion or Order Filing 152 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 10/12/2021. Case called. Court had colloquy with counsel. Counsel shall conduct 7.1 conference re: summary judgment motion then report to court whether mediation should be set. Status Conference continued to 10/14/2021 02:00 PM in Courtroom 9 before Judge Indira Talwani. (In person with remote access provided to Matthew H. Greene, who cannot attend in-person.) (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Andrew D. Epstein, Suzanne M. Elovecky, Matthew H. Greene) (MacDonald, Gail)
October 4, 2021 Opinion or Order Filing 151 Opposition re 149 MOTION to Compel Plaintiff's Supplemental Answers to Interrogatories filed by Sonya Larson. (Attachments: # 1 Exhibit Certificate of Copyright Registration effective 6-10-2018, # 2 Exhibit Email chain showing Dorland read The Kindest on June 2 or 3, 2018, # 3 Exhibit Demand letter from Atty Cohen to the Boston Book Festival dated July 3, 2018)(Epstein, Andrew)
September 24, 2021 Opinion or Order Filing 150 MEMORANDUM of Law in Support re 149 MOTION to Compel Plaintiff's Supplemental Answers to Interrogatories filed by Jeffrey A Cohen, Cohen Business Law Group, PC. (Kelly, Danielle)
September 24, 2021 Opinion or Order Filing 149 MOTION to Compel Plaintiff's Supplemental Answers to Interrogatories by Jeffrey A Cohen, Cohen Business Law Group, PC. (Attachments: # REFER TO 150 Supplement Memorandum of Law In Support)(Greene, Matthew) Modified on 9/27/2021: Removed memorandum in support to properly file in separate entry; Corrected filing parties to reflect both defendants (Kelly, Danielle).
August 26, 2021 Opinion or Order Filing 148 NOTICE Resetting a Hearing. Status Conference set for 10/1/2021 is RESET for 10/12/2021 02:45 PM in Remote Proceeding : Boston before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail)
August 12, 2021 Opinion or Order Filing 147 ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 10/1/2021 02:30 PM in Remote Proceeding : Boston before Judge Indira Talwani. (MacDonald, Gail)
July 7, 2021 Opinion or Order Filing 146 Case no longer referred to Magistrate Judge Marianne B. Bowler. (MacDonald, Gail)
July 7, 2021 Opinion or Order Filing 145 Judge Indira Talwani: ELECTRONIC ORDER granting Request for Revised Scheduling Order Deadlines 143 . All fact discovery shall be completed by September 30, 2021. (Kelly, Danielle)
July 6, 2021 Opinion or Order Filing 144 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 143 Joint MOTION for Extension of Time to September 30, 2021 to Complete depositions and fact discovery by Andrew D. Epstein on behalf of Sonya Larson. (Epstein, Andrew)
July 6, 2021 Opinion or Order Filing 143 Joint MOTION for Extension of Time to September 30, 2021 to Complete depositions and fact discovery by Sonya Larson.(Epstein, Andrew)
June 17, 2021 Opinion or Order Filing 142 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 (Coppola, Katelyn)
June 17, 2021 Opinion or Order Filing 141 Transcript of Motion Hearing held on May 17, 2021, before Magistrate Judge Marianne B. Bowler. 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: Kristin Kelley at kmob929@gmail.com. Redaction Request due 7/8/2021. Redacted Transcript Deadline set for 7/19/2021. Release of Transcript Restriction set for 9/15/2021. (Coppola, Katelyn)
June 14, 2021 Opinion or Order Filing 140 Judge Indira Talwani: ELECTRONIC ORDER granting Joint Motion for Extension of Time 139 . The time for counsel to submit a proposed deposition schedule and updated statement concerning ADR is extended to July 5, 2021. (Kelly, Danielle)
June 14, 2021 Opinion or Order Filing 139 Joint MOTION for Extension of Time to July 5, 2021 to complete fact discovery and submit a statement concerning the parties view on mediation by Dawn Dorland Perry.(Elovecky, Suzanne)
June 1, 2021 Opinion or Order Filing 138 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 (Coppola, Katelyn)
June 1, 2021 Opinion or Order Filing 137 Transcript of Motion Hearing held on May 14, 2021, before Magistrate Judge Marianne B. Bowler. 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: Lee Marzilli at leemarz@aol.com. Redaction Request due 6/22/2021. Redacted Transcript Deadline set for 7/2/2021. Release of Transcript Restriction set for 8/30/2021. (Coppola, Katelyn)
May 18, 2021 Opinion or Order Filing 135 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting in part and denying in part 106 Motion to Compel and granting in part and denying in part 110 Motion to Compel, in accordance with rulings made on the record in open court at hearings on May 14 and 17, 2021. Requests for attorney's fees and sanctions are DENIED without prejudice to be renewed at the conclusion of the case. (Bowler, Marianne)
May 17, 2021 Opinion or Order Filing 136 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Motion Hearing held on 5/17/2021 re 106 MOTION to Compel The Production of Documents By Sonya Larson filed by Dawn Dorland Perry, 110 MOTION to Compel filed by Sonya Larson. Court hears argument, makes rulings as noted in Docket Entry #135. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Epstein, Elovecky) (Putnam, Harold)
May 14, 2021 Opinion or Order Filing 134 ELECTRONIC NOTICE Setting Hearing on Motion 110 MOTION to Compel : Continued Motion Hearing by telephone set for 5/17/2021 03:15 PM in Remote Proceeding : Boston before Magistrate Judge Marianne B. Bowler. ALL COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. If, for some reason, the call is disconnected, dial back in. NOTE that yours may not be the first case called, but please remain on the line until it is.(Russo, Noreen)
May 14, 2021 Opinion or Order Filing 133 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Motion Hearing by telephone held on 5/14/2021 re 106 MOTION to Compel The Production of Documents By Sonya Larson filed by Dawn Dorland Perry, 110 MOTION to Compel filed by Sonya Larson. The court continues argument until 5/17/21 at 3:15 PM. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Russo, Noreen)
May 10, 2021 Opinion or Order Filing 132 ELECTRONIC NOTICE Resetting Hearing on Motion 110 MOTION to Compel , 106 MOTION to Compel The Production of Documents By Sonya Larson : Motion Hearing reset for 5/14/2021 02:00 PM before Magistrate Judge Marianne B. Bowler. ***THIS IS A TIME CHANGE ONLY*** ALL COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. If, for some reason, the call is disconnected, dial back in. NOTE that yours may not be the first case called, but please remain on the line until it is.(Putnam, Harold)
May 8, 2021 Opinion or Order Filing 131 ELECTRONIC NOTICE Resetting Hearing on Motion 110 MOTION to Compel , 106 MOTION to Compel The Production of Documents By Sonya Larson : Motion Hearing reset for 5/14/2021 11:00 AM before Magistrate Judge Marianne B. Bowler. ALL COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. If, for some reason, the call is disconnected, dial back in. NOTE that yours may not be the first case called, but please remain on the line until it is.(Putnam, Harold)
May 3, 2021 Opinion or Order Filing 130 Judge Indira Talwani: ELECTRONIC ORDER denying without prejudice Assented-to Motion for Protective Order 129 . See Local Rule 7.2(c), (d). Because the public has a "presumptive" right of access to judicial documents, United States v. Kravetz, 706 F.3d 47, 59 (1st Cir. 2013) (citing Siedle v. Putnam Invs., Inc., 147 F.3d 7, 10 (1st Cir. 1998)), "'only the most compelling reasons can justify non-disclosure of judicial records that come within the scope of the common-law right of access.'" Id. (quoting In re Providence Journal Co., 293 F.3d 1, 10 (1st Cir. 2002)). The burden is thus on the impoundment-seeking party to show that impoundment will not violate the public's presumptive right of access. See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003) ("A party asserting good cause bears the burden, for each particular document it seeks to protect, of showing that specific prejudice or harm will result if no protective order is granted") (citing Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1212 (9th Cir. 2002)); Miller v. City of Bos., 549 F. Supp. 2d 140, 141 (D. Mass. 2008) ("The proponent of a Protective Order bears the burden of establishing 'good cause' for its continuation" (internal citation omitted)). For that reason, when seeking to file under seal any confidential information, a party must show this court good cause for the impoundment. See Kravetz, 706 F.3d at 60. Specifically, the party seeking impoundment must make "'a particular factual demonstration of potential harm, not... conclusory statements,'" id. (quoting Fed. Trade Comm'n v. Standard Fin. Mgmt. Corp., 830 F.2d 404, 412 (1st Cir. 1987)), as to why a document should be sealed. See Anderson v. Cryovac, Inc., 805 F.2d 1, 7 (1st Cir. 1986) ("A finding of good cause must be based on a particular factual demonstration of potential harm, not on conclusory statements." (citations omitted)). This court "will not enter blanket order" for impoundment. L.R. 7.2(d). (Kelly, Danielle)
April 30, 2021 Opinion or Order Filing 129 Assented to MOTION for Protective Order by Dawn Dorland Perry. (Attachments: # 1 Stipulated Protective Order)(Elovecky, Suzanne)
April 29, 2021 Opinion or Order Filing 128 REPLY to Response to 106 MOTION to Compel The Production of Documents By Sonya Larson, 110 MOTION to Compel filed by Sonya Larson. (Attachments: # 1 Exhibit Doland's 2015 Facebook Letter, # 2 Exhibit Dorland statement she is pursing legal remedies, # 3 Exhibit Dorland's acceptable remedies, # 4 Exhibit Cohen Law letter of July 3, 2018, # 5 Exhibit Notice to Larson that the BBF canceled her story, # 6 Exhibit Cohen Law letter of Sept. 6, 2018, # 7 Exhibit Cohen Law letter of Oct. 26, 2018, # 8 Exhibit Dorland' request to accept service of process, # 9 Exhibit Email to One City/One Story sponsor that program was canceled, # 10 Exhibit Email to Larson canceling One City/One Story project, # 11 Exhibit Dorland Letter to GrubStreet, # 12 Exhibit Dorland Letter to Am. Short Fiction as to acceptable punishments, # 13 Exhibit Dorland Letter to Bread Loaf Writing Conference, # 14 Exhibit Dorland's Facebook page showing redactions, # 15 Exhibit Dorland appearing in public supporting kidney donations, # 16 Exhibit Dorland letter to Boston Book Festival regarding plagiarism claim, # 17 Exhibit Boston Globe Articles, # 18 Exhibit Dorland seeking further negative publicity about Larson, # 19 Affidavit Sonya Larson Affidavit, # 20 Affidavit Epstein Affidavit)(Epstein, Andrew)
April 29, 2021 Opinion or Order Filing 127 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 124 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. (Bowler, Marianne)
April 28, 2021 Opinion or Order Filing 126 ELECTRONIC NOTICE Canceling Hearing 4/29/2021 motion hearing. Matter will be rescheduled. (Putnam, Harold)
April 28, 2021 Opinion or Order Filing 125 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 124 MOTION for Leave to File Reply and Further Opposition by Andrew D. Epstein on behalf of Sonya Larson. (Epstein, Andrew)
April 28, 2021 Opinion or Order Filing 124 MOTION for Leave to File by Sonya Larson. (Attachments: # 1 Exhibit Proposed Reply and further Opposition, # 2 Exhibit Dorland 2015 Facebook Letter, # 3 Exhibit Dorland pursuing legal remedies, # 4 Exhibit Dorland's acceptable remedies, # 5 Exhibit Cohen Law letter of July 3, 2018, # 6 Exhibit Notice to Larson that BBF canceled her story, # 7 Exhibit Cohen Law letter of Sept. 6, 2018, # 8 Exhibit Cohen Law letter of October 26, 2018, # 9 Exhibit Dorland's request to accept service of process, # 10 Exhibit Email to 1C/1S sponsor that program was canceled, # 11 Exhibit Email to Larson canceling 1 City/1 story project, # 12 Exhibit Dorland letter to GrubStreet, # 13 Exhibit Dorland letter to American Short Fiction, # 14 Exhibit Letter to Bread Loaf Writing Center, # 15 Exhibit Facebook page showing redactions by Dorland, # 16 Exhibit Dorland appearing in public supporting kidney donatios, # 17 Exhibit Email to Boston Book Festival regarding plagiarism, # 18 Exhibit Boston Globe articles about Larson's story and the Boston Book Festival, # 19 Exhibit Dorland's letter seeking negative publicity about Larson, # 20 Affidavit Larson Affidavit, # 21 Affidavit Epstein Affidavit)(Epstein, Andrew)
April 20, 2021 Opinion or Order Filing 123 Judge Indira Talwani: ELECTRONIC ORDER granting Defendant and Plaintiff-in-Counterclaim Dawn Dorland Perry's Request for Enlargement of Time motion 122 . Perry's time to file motions to compel responses to third-party subpoenas is extended to May 3, 2021. (Kelly, Danielle)
April 19, 2021 Opinion or Order Filing 122 Letter/request (non-motion) from Dawn Dorland Perry For Enlargement of Time. (Elovecky, Suzanne)
April 19, 2021 Opinion or Order Filing 121 DECLARATION re 120 Opposition to Motion, by Dawn Dorland Perry. (Elovecky, Suzanne)
April 19, 2021 Opinion or Order Filing 120 Opposition re 110 MOTION to Compel Further Answers to Interrogatories and to Produce All Requested Documents filed by Dawn Dorland Perry. (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)(Elovecky, Suzanne) (Attachment 9 replaced on 4/20/2021 - corrected page formatting) (Kelly, Danielle).
April 15, 2021 Opinion or Order Filing 119 ELECTRONIC NOTICE Canceling Hearing: The Status conference set for 4/20/21 is continued. Date to be reset by clerk after parties file joint proposed schedule per 114. (Kelly, Danielle)
April 6, 2021 Opinion or Order Filing 118 BRIEF by Dawn Dorland Perry to 106 MOTION to Compel The Production of Documents By Sonya Larson - Leave to file granted on 4/6/21. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Elovecky, Suzanne)
April 6, 2021 Opinion or Order Filing 117 ELECTRONIC NOTICE Setting Hearing on Motion 110 MOTION to Compel , 106 MOTION to Compel The Production of Documents By Sonya Larson : Motion Hearing set for 4/29/2021 11:00 AM before Magistrate Judge Marianne B. Bowler. ALL COUNSEL ARE DIRECTED TO APPEAR BY PHONE by calling 888-675-2535 approximately five minutes prior to the conference, using Access Code 6641794. If, for some reason, the call is disconnected, dial back in. NOTE that yours may not be the first case called, but please remain on the line until it is.(Putnam, Harold)
April 6, 2021 Opinion or Order Filing 116 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting 112 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. (Bowler, Marianne)
April 5, 2021 Opinion or Order Filing 115 Judge Indira Talwani: ELECTRONIC ORDER entered. REFERRING MOTION 112 MOTION for Leave to File A Reply Brief In Further Support Of Her Motion To Compel filed by Dawn Dorland Perry, 110 MOTION to Compel filed by Sonya Larson to Magistrate Judge Bowler. (MacDonald, Gail) Motions referred to Marianne B. Bowler. Modified on 4/5/2021, to remove the word "emergency" from 110. (MacDonald, Gail).
April 5, 2021 Opinion or Order Filing 114 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Case Management Conference held on 4/5/2021. Case called. Court had colloquy with counsel. The MOTION for Leave to File A Reply Brief [112} and 110 MOTION to Compel to be referred to the magistrate judge; the motion to compel shall have the word "emergency" removed. All dates stayed until ruling on referred motions is entered; one week after ruling is entered counsel shall file a joint proposed schedule for the remaining depositions and shall include any request for ADR. Deft. Perry may file a motion to compel 3rd party in 2 weeks. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Andrew D. Epstein, Suzanne M. Elovecky, Matthew H. Greene) (MacDonald, Gail)
April 5, 2021 Opinion or Order Filing 113 Judge Indira Talwani: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Marianne B. Bowler Referred for: Events Only (e). Motions referred: 106 MOTION to Compel The Production of Documents By Sonya Larson, 112 MOTION for Leave to File A Reply Brief In Further Support Of Her Motion To Compel. (Kelly, Danielle) Motions referred to Marianne B. Bowler.
April 5, 2021 Opinion or Order Filing 112 MOTION for Leave to File A Reply Brief In Further Support Of Her Motion To Compel by Dawn Dorland Perry. (Attachments: # 1 Reply Brief with Exhibits)(Elovecky, Suzanne)
April 5, 2021 Opinion or Order Filing 111 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 110 Emergency MOTION to Compel by Andrew D. Epstein on behalf of Sonya Larson. (Epstein, Andrew)
April 5, 2021 Opinion or Order Filing 110 MOTION to Compel by Sonya Larson. (Attachments: # 1 Exhibit Dorland's Answers to Interrogatories, # 2 Affidavit Affidavit of Andrew D. Epstein, # 3 Exhibit Dorland's 2015 Facebook Letter, # 4 Affidavit Affidavit of Sonya Larson, # 5 Exhibit Dorland's response to document request)(Epstein, Andrew) Modified on 4/5/2021, to remove "Emergency" from text per order of the court (MacDonald, Gail).
April 1, 2021 Opinion or Order Filing 109 ELECTRONIC NOTICE of Hearing. Case Management Conference set for 4/5/2021 03:30 PM in Remote Proceeding : Boston before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (MacDonald, Gail)
March 29, 2021 Opinion or Order Filing 108 MEMORANDUM in Opposition re 106 MOTION to Compel The Production of Documents By Sonya Larson filed by Sonya Larson. (Attachments: # 1 Affidavit Affidavit of Plaintiff Sonya Larson, # 2 Exhibit July 3, 2018 Letter from Cohen Law to the BBF, # 3 Exhibit Email from NY Times reporter Robert Kolker)(Epstein, Andrew)
March 15, 2021 Opinion or Order Filing 107 MEMORANDUM in Support re 106 MOTION to Compel The Production of Documents By Sonya Larson filed by Dawn Dorland Perry. (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 O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Elovecky, Suzanne) Modified on 3/16/2021: properly labeled exhibits (Kelly, Danielle). (Attachment 3 replaced on 3/16/2021). Modified on 3/16/2021: Replaced Exhibit C with corrected version (Kelly, Danielle).
March 15, 2021 Opinion or Order Filing 106 MOTION to Compel The Production of Documents By Sonya Larson by Dawn Dorland Perry.(Elovecky, Suzanne)
February 22, 2021 Opinion or Order Filing 105 ELECTRONIC NOTICE of Hearing. Telephonic Status Conference set for 4/20/2021 03:15 PM in Remote Proceeding : Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158. (MacDonald, Gail)
February 18, 2021 Opinion or Order Filing 104 ANSWER to Counterclaim by Sonya Larson.(Epstein, Andrew)
February 18, 2021 Opinion or Order Filing 103 Judge Indira Talwani: Electronic order: granting Joint Motion of the Parties to Extend Scheduling Order Deadlines 101 . The requested deadlines are adopted by the court, except as to the trial date. The March 1, 2021 status conference is cancelled and will be reset by the clerk. (Kelly, Danielle)
February 17, 2021 Opinion or Order Filing 102 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 101 Joint MOTION for Extension of Time to April 14, 2021 to Complete Discovery by Andrew D. Epstein on behalf of Sonya Larson. (Epstein, Andrew)
February 17, 2021 Opinion or Order Filing 101 Joint MOTION for Extension of Time to April 14, 2021 to Complete Discovery by Sonya Larson.(Epstein, Andrew)
February 2, 2021 Opinion or Order Filing 100 Judge Indira Talwani: ELECTRONIC ORDER entered denying 97 Motion for Protective Order and to extend scheduling order deadlines as moot. (Kelly, Danielle)
February 2, 2021 Opinion or Order Filing 99 Judge Indira Talwani: ORDER entered. Memorandum and Order GRANTING IN PART and DENYING IN PART Sonya Larson's Motion to Dismiss Counterclaims 77 . Please see attached. (Kelly, Danielle)
January 27, 2021 Opinion or Order Filing 98 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 97 MOTION for Protective Order and to extend scheduling order deadlines by Andrew D. Epstein on behalf of Sonya Larson. (Epstein, Andrew)
January 27, 2021 Opinion or Order Filing 97 MOTION for Protective Order and to extend scheduling order deadlines by Sonya Larson. (Attachments: # 1 Affidavit Affidavit of Plaintiff Sonya Larson)(Epstein, Andrew)
September 8, 2020 Opinion or Order Filing 96 ANSWER to 91 Amended Complaint,,,,, , COUNTERCLAIM against Sonya Larson by Dawn Dorland Perry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Elovecky, Suzanne)
September 4, 2020 Opinion or Order Filing 95 Defendant's, Cohen Business Law Group. PC and Jeffrey A. Cohen, Esquire ANSWER to 91 Amended Complaint,,,,, by Jeffrey A Cohen, Cohen Business Law Group, PC.(Greene, Matthew)
September 3, 2020 Opinion or Order Filing 94 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 93 Joint Motion of the Parties to Extend Discovery and Subsequent Deadlines. Fact Discovery to be completed by 2/28/2021. Dispositive Motions due by 6/15/2021. Status Conference set for 3/1/2021 02:30 PM before Judge Indira Talwani. (Kelly, Danielle)
September 2, 2020 Opinion or Order Filing 93 Joint MOTION of the Parties to Extend Discovery and Subsequent Deadlines by Jeffrey A Cohen, Cohen Business Law Group, PC.(Greene, Matthew) Modified on 9/3/2020: Corrected docket text (Kelly, Danielle).
August 17, 2020 Opinion or Order Filing 92 Judge Indira Talwani: ELECTRONIC ORDER: In light of Plaintiff filing her Second Amended Complaint 91 , the Cohen Defendants' Motion for Judgment on the Pleadings 83 is DENIED without prejudice. See Electronic Order 90 . (Kelly, Danielle)
August 16, 2020 Opinion or Order Filing 91 AMENDED COMPLAINT Second Amended Complaint filed with leave granted on August 14, 2020 against Dawn Dorland Perry, Jeffrey A Cohen, Cohen Business Law Group, PC, filed by Sonya Larson. (Attachments: # 1 Exhibit Dorland's 2015 Factual Letter, # 2 Exhibit Copyright registration information for Dorland's 2015 Factual Letter, # 3 Exhibit Agreement by and between Larson and Plympton, # 4 Exhibit Agreement by and between Larson and ASF, # 5 Exhibit Agreement by and between Larson and the BBF, # 6 Exhibit Copy of The Kindest, # 7 Exhibit Certificate of Copyright Registration for The Kindest, # 8 Exhibit Letter from Attorney Cohen of Cohen Law to the BBF dated July 3, 2018, # 9 Exhibit Letter from Attorney Gregorio to Attorney Cohen of Cohen Law dated July 17, 2018, # 10 Exhibit July 26, 2018 - Boston Globe article, # 11 Exhibit August 14, 2018 - Boston Globe article, # 12 Exhibit Letter from Cohen Law to Attorney Gregorio dated July 20, 2018, # 13 Exhibit Letter from Cohen Law to Attorney Gregorio dated September 6, 2018, # 14 Exhibit Larson's M.G.L. Chapter 93A thirty-day demand letter, # 15 Exhibit Response of Dorland, Cohen Law and Attorney Cohen to Larson's Chapter 93A letter, # 16 Exhibit Plaintiff's attorney's response to Defendant's Chapter 93A letter)(Epstein, Andrew)
August 14, 2020 Opinion or Order Filing 90 Judge Indira Talwani: ELECTRONIC ORDER: After the court entered a Memorandum and Order 59 denying Defendants Cohen Business Law Group, PC, and Jeffrey A. Cohen's ("Cohen Defendants") Motion to Dismiss 11 and allowing defendant Dawn Dorland Perry's ("Dorland") Motion to Dismiss 25 as to Counts I and II of Plaintiff Sonya Larson's Amended Complaint 52 and otherwise denying the motion, the Cohen Defendants filed a Motion for Judgment on the Pleadings 83 and Plaintiff filed a Motion for Leave to File a Second Amended Complaint 85 .Larson's July 15, 2020 motion was filed prior to the August 31, 2020, deadline for filing a motion to amend the complaint set forth under the court's Scheduling Order 76 . Accordingly, Larson's motion is considered under Fed. R. Civ. P. 15's standard that the court should freely give leave to amend when justice so requires. See Somascan, Inc. v. Philips Med. Sys. Nederland, B.V., 714 F.3d 62, 64 (1st Cir. 2013). In dismissing Larson's claims that alleged that Dorland intentionally interfered with Larson's contracts with two publishers, the court found that Larson could not move forward on these claims where there were no allegations that the publishers breached their contractual obligations with Larson. Mem. and Order 16-17 59 . The court noted, however, that in contrast to an intentional interference with contract claim, an intentional interference with an advantageous business relationship claim "does not require Plaintiff to prove a breach of contract, but only, inter alia, interference with a 'business relationship or contemplated contract of economic benefit.'" Id. at 15 n. 5 (citing Am. Private Line Servs., Inc. v. E. Microwave, Inc., 980 F.2d 33, 36 (1st Cir. 1992)). The proposed second amended complaint makes three revisions to the operative complaint. First, it substitutes previously dismissed Counts I and II with claims that Defendant Dorland intentionally interfered with Plaintiff Larson's advantageous business relationships with the publishers. See Proposed Am. Compl. ¶¶ 6176 [85-1]. Second, the proposed second amended complaint revises Counts III and IV, which presently claim that the Cohen Defendants intentionally interfered with Larson's contracts with the publishers, to allege that the Cohen Defendants interfered with Plaintiff's advantageous business relationships with the publishers. Third, the proposed second amended complaint adds factual allegations to Larson's claim under Mass. Gen. Laws ch. 93A ("ch. 93A") that "clarify and elaborate on the alleged impact that the Cohen Defendants had on trade and commerce." See Mot. Leave File Second Am. Compl. 10 85 .Dorland opposes Larson's motion arguing that the amendments are futile since the proposed amendments "seek to add claims which are in both form and substance identical to claims which this Court has already dismissed." Dorland's Opp'n 1-2 89 . But while the facts underlying the proposed amended claims may be the same, the legal claims are distinct insofar as the newly proposed claims do not require Plaintiff to establish a contract with the publishers as an element of the claim, while the previous claims did require that Plaintiff establish such a contract. Instead, the newly proposed claim requires that Plaintiff prove, inter alia, interference with an "advantageous relationship." Defendant Dorland acknowledges that Plaintiff has alleged as much. See Def.'s Opp'n 89 ("Of course, here, Ms. Larson does allege an 'advantageous relationship' with both entities... ") and the contracts previously entered into the record do not foreclose such an advantageous relationship. Defendant Dorland cites cases that stand for the proposition that a plaintiff cannot bring a claim of interference with an advantageous relationship on top of a claim for interference with a contractual relationship where there are not allegations that a defendant interfered with business relationships that were likely to yield economic benefits beyond the existing contracts. However, here Ms. Larson makes the required allegations to survive a Fed. R. Civ. P. 12(b)(6) motion; she plausibly alleges that there were economic benefits that she could have yielded from her relationships with the publishers, beyond what was provided for in the contracts in place, but for Dorland's alleged intentional interference with those relationships. See Proposed Second Am. Compl. ¶¶ 68, 76 [85-1]. The Cohen Defendants' opposition concerning the proposed second amended complaint as to Counts III and IV fails for the same reason. The Cohen Defendants also challenge Plaintiff's motion for leave to amend the complaint insofar as it seeks to add factual allegations to buttress the ch. 93A claim brought against the Cohen Defendants. Def.'s Opp'n 5-6 88 . But the Cohen Defendants' opposition merely restates the argument submitted in its previously filed Motion for Judgment on the Pleadings 83 and does not explain why specific additions proposed by Plaintiff are futile or otherwise improper under Fed. R. Civ. P. 15. Accordingly, for the reasons set forth above, Plaintiff's Motion for Leave to File a Second Amended Complaint 85 is ALLOWED. The Cohen Defendants' Motion for Judgment on the Pleadings 83 will be DENIED without prejudice upon the filing of the Second Amended Complaint. Defendants shall file their responses to the Second Amended Complaint 85 within 21 days of the filing of that pleading. Dorland's Counterclaim 75 and Larson's Motion to Dismiss the Counterclaim 77 remain pending before 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. (Kelly, Danielle)
July 29, 2020 Opinion or Order Filing 89 Opposition re 85 MOTION for Leave to File Second Amended Complaint filed by Dawn Dorland Perry. (Elovecky, Suzanne)
July 29, 2020 Opinion or Order Filing 88 MEMORANDUM in Opposition re 85 MOTION for Leave to File Second Amended Complainr filed by Jeffrey A Cohen, Cohen Business Law Group, PC. (Greene, Matthew)
July 15, 2020 Opinion or Order Filing 87 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 85 MOTION for Leave to File Second Amended Complainr by Andrew D. Epstein on behalf of Sonya Larson filed by on behalf of Sonya Larson. (Epstein, Andrew)
July 15, 2020 Opinion or Order Filing 86 MEMORANDUM in Opposition re 83 MOTION for Judgment on the Pleadings , 85 MOTION for Leave to File Second Amended Complainr filed by Sonya Larson. (Attachments: # 1 Affidavit Affidavit of Andrew D. Epstein, # 2 Exhibit American Short Fiction (ASF) Agreement with Plaintiff, # 3 Exhibit Boston Book Festival (BBF) letter agreement with Plaintiff, # 4 Affidavit Affidavit of Plaintiff, Sonya Larson, # 5 Exhibit Email chain letters between ASF and Defendant Dorland, # 6 Exhibit Demand letter of July 3, 2018 from Cohen Business Law Group to the BBF, # 7 Exhibit Email chain letter between ASF and Defendant Dorland, # 8 Exhibit June 18, 2018 letter from BBF to Dorland, # 9 Exhibit August 13, 2018 letter from BBF to Dorland, # 10 Exhibit Copyright Registration Information for Dorland's 2015 Letter showing June 10, 2018 registration date, # 11 Exhibit Letter from Atty. James Gregorio to Cohen Business Law Group)(Epstein, Andrew)
July 15, 2020 Opinion or Order Filing 85 MOTION for Leave to File Second Amended Complainr by Sonya Larson. (Attachments: # 1 Exhibit Proposed Second Amended Complaint with exhibits)(Epstein, Andrew)
July 1, 2020 Opinion or Order Filing 84 MEMORANDUM of Law in Support re 83 MOTION for Judgment on the Pleadings filed by Jeffrey A Cohen, Cohen Business Law Group, PC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Kelly, Danielle)
July 1, 2020 Opinion or Order Filing 83 MOTION for Judgment on the Pleadings by Jeffrey A Cohen, Cohen Business Law Group, PC.(Greene, Matthew). Modified on 7/1/2020: Main document replaced to extract Memorandum in support to properly file in separate entry. (Kelly, Danielle).
June 19, 2020 Opinion or Order Filing 82 Opposition re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim of Dawn Dorland Perry filed by Dawn Dorland Perry. (Elovecky, Suzanne)
May 28, 2020 Opinion or Order Filing 81 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 80 Motion for Extension of Time to File Response/Reply re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim of Dawn Dorland Perry. Responses due by June 19, 2020. (Kelly, Danielle)
May 27, 2020 Opinion or Order Filing 80 Assented to MOTION for Extension of Time to 06/19/2020 to File Response/Reply as to 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim of Dawn Dorland Perry by Dawn Dorland Perry.(Elovecky, Suzanne)
May 15, 2020 Opinion or Order Filing 79 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim of Dawn Dorland Perry by Andrew D. Epstein on behalf of Sonya Larson. (Epstein, Andrew)
May 15, 2020 Opinion or Order Filing 78 MEMORANDUM in Support re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim of Dawn Dorland Perry filed by Sonya Larson. (Attachments: # 1 Exhibit The Kindest - Brialliance Version, # 2 Exhibit The Kindest - Audible Version, # 3 Exhibit The Kindest - American Short Fiction Version, # 4 Exhibit The Kindest - Version submitted to the Boston Book Festival, # 5 Exhibit The Kindest - Final Boston Book Festival Version, # 6 Exhibit Defendant - Dawn Dorland Perry's Letter of July 2015, # 7 Exhibit Compilation of Plaintiff, Sonya Larson's Letters from the five versions of The Kindest, # 8 Affidavit Affidavit of Plaintiff, Sonya Larson, # 9 Affidavit Affidavit of Andrew D. Epstein)(Epstein, Andrew). Modified on 5/15/2020: Replaced attachments 1 & 2 to remove blank pages (Kelly, Danielle).
May 15, 2020 Opinion or Order Filing 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim of Dawn Dorland Perry by Sonya Larson.(Epstein, Andrew)
May 8, 2020 Opinion or Order Filing 76 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. See attached Order. (Kelly, Danielle)
April 24, 2020 Opinion or Order Filing 75 ANSWER to 52 Amended Complaint,,,,, , COUNTERCLAIM against Sonya Larson by Dawn Dorland Perry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Elovecky, Suzanne)
April 24, 2020 Opinion or Order Filing 74 Proposed JOINT STATEMENT of counsel regarding scheduling of further proceeding in this case. (Epstein, Andrew)
April 24, 2020 Opinion or Order Filing 73 CORPORATE DISCLOSURE STATEMENT by Jeffrey A Cohen, Cohen Business Law Group, PC. (Greene, Matthew)
April 24, 2020 Opinion or Order Filing 72 Defendants, Cohen Business Law Group, P.C. and Jeffrey A. Cohen, Esq.'s ANSWER to 52 Amended Complaint,,,,, by Jeffrey A Cohen, Cohen Business Law Group, PC.(Greene, Matthew)
April 15, 2020 Opinion or Order Filing 71 NOTICE of Withdrawal of Appearance by Elizabeth E. Olien (Olien, Elizabeth)
April 15, 2020 Opinion or Order Filing 70 DUPLICATE FILING. Please refer to 69 NOTICE of Withdrawal of Appearance by Elizabeth E. Olien (Olien, Elizabeth) Modified on 4/15/2020 (Kelly, Danielle).
April 15, 2020 Opinion or Order Filing 69 NOTICE of Withdrawal of Appearance by Elizabeth E. Olien of Howard Cooper (Olien, Elizabeth)
April 15, 2020 Opinion or Order Filing 68 NOTICE of Change of Address or Firm Name by Suzanne M. Elovecky (Elovecky, Suzanne)
April 13, 2020 Opinion or Order Filing 67 Judge Indira Talwani: Electronic Order DENYING Defendants Jeffrey A. Cohen and Cohen Business Law Group, PC's Motion for Reconsideration 63 . Defendants move for reconsideration of the court's Memorandum and Order 59 finding that the litigation privilege defense put forth by Defendants presented questions of fact that could not be resolved on the pleadings. Defendants argue that the court "reached its decision based primarily on 58 Swansea Mall Drive" and that this case "should not be considered the controlling law in this matter" and "the court's reliance on 58 Swansea Mall Drive was an error of law. " Defs.' Mem. 3 64 (citing 58 Swansea Mall Drive, LLC v. Gator Swansea Prop., LLC, No. CV 15-13538-RGS, 2016 WL 5946872 (D. Mass. Oct. 12, 2016)). As an initial matter, the court did not reach its decision based primarily on 58 Swansea Mall Drive. Indeed, Defendants are correct that 58 Swansea Mall Drive is not controlling; as a decision of a district judge presiding over a diversity action, Judge Stearns' opinion is only persuasive authority. Instead, the court is bound to apply Massachusetts law in the manner pronounced by the Massachusetts Supreme Judicial Court (SJC). Andrew Robinson Int'l, Inc. v. Hartford Fire Ins. Co., 547 F.3d 48, 51 (1st Cir. 2008)Relevant to the discussion here, the SJC has ruled that statements by a party, counsel or witness in the institution of, or during the course of, a judicial proceeding are absolutely privileged provided such statements relate to that proceeding. Sriberg v. Raymond, 370 Mass. 105, 108 (1976) (collecting cases). The SJC has curtailed the reach of this privilege where the communications at issue are made before litigation is actually initiated. In such cases, a communication to a prospective defendant is only subject to the privilege where it relates to a proceeding which is contemplated in good faith and which is under serious consideration. Sriberg, 370 Mass. at 109. Defendants argue that the SJC reversed this holding in Theran v. Rokoff. 413 Mass. 590 (1992). However, Theran did not discuss this question and Defendants' argument that Theran abrogated Sriberg sub silentio is unpersuasive. See also Meltzer v. Grant, 193 F. Supp. 2d 373, 380 (D. Mass. 2002) (discussing that court's opinion on why Theran does not change the rule, stated in Sriberg, that where communications are made preliminary to proposed proceedings, the proceedings must be contemplated in good faith and be under serious consideration for the privilege to apply). Accordingly, the court finds no clear error of law in its prior determination that there is a question of fact as to whether Defendants' letter relates to litigation contemplated in good faith and under serious consideration. As an aside, Defendants' memorandum in support of their motion argues that Plaintiff's proper remedy would be a complaint lodged with the State Bar of California. Defs.' Mem. 6-7 64 . There is a remarkable discordance with Defendants' position that they are protected by Massachusetts' litigation privilege--a policy designed to ensure that attorneys admitted to practice before courts in Massachusetts can effectively represent their clients in such courts--and their tacit admission that they are not licensed to engage in the practice of law in Massachusetts. Finally, Defendants argue that even if the court applies the rule from Sriberg, Larson has not made sufficient allegations of bad faith in her complaint. This is a new argument that was not raised on Defendants' Motion to Dismiss 11 and thus is not proper for Defendants' motion for reconsideration. See Cochran v. Quest Software, Inc., 328 F.3d 1, 11 (1st Cir. 2003) ("It is generally accepted that a party may not, on a motion for reconsideration, advance a new argument that could (and should) have been presented prior to the district court's original ruling"). (Kelly, Danielle) Modified on 4/13/2020 (Kelly, Danielle).
April 10, 2020 Opinion or Order Filing 66 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 64 Memorandum in Support of Motion, 63 MOTION for Reconsideration , 65 Certificate of Consultation pursuant to LR 7.1 Revised Certification by Matthew H. Greene on behalf of Jeffrey A Cohen, Cohen Business Law Group, PC. (Greene, Matthew)
April 10, 2020 Opinion or Order Filing 65 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 64 Memorandum in Support of Motion, 63 MOTION for Reconsideration by Matthew H. Greene on behalf of Jeffrey A Cohen, Cohen Business Law Group, PC. (Greene, Matthew)
April 9, 2020 Opinion or Order Filing 64 MEMORANDUM in Support re 63 MOTION for Reconsideration filed by Jeffrey A Cohen, Cohen Business Law Group, PC. (Greene, Matthew) Modified on 4/9/2020: Replace document due to being attached to wrong entry. (Kelly, Danielle).
April 9, 2020 Opinion or Order Filing 63 MOTION for Reconsideration by Jeffrey A Cohen, Cohen Business Law Group, PC.(Greene, Matthew)). Modified on 4/9/2020: Replace document due to being attached to wrong entry. (Kelly, Danielle).
April 8, 2020 Opinion or Order Filing 62 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 61 Joint Motion for Extension of Time to April 24, 2020 to File , Joint Scheduling Order and Responsive Pleadings and Exchange Initial Disclosures. (Kelly, Danielle)
April 7, 2020 Opinion or Order Filing 61 Joint MOTION for Extension of Time to April 24, 2020 to File , Joint Scheduling Order and Responsive Pleadings and Exchange Initial Disclosures by Dawn Dorland Perry.(Olien, Elizabeth) Modified on 4/8/2020: Corrected motion type to reflect proper extension of time (Kelly, Danielle).
March 27, 2020 Opinion or Order Filing 60 Judge Indira Talwani: ELECTRONIC ORDER Pursuant to the Scheduling Order 44 , by April 10, 2020, the parties shall serve their Initial Disclosures required by Fed. R. Civ. P. 26(a)(1) and this court's Notice of Scheduling Conference and shall jointly file a proposed scheduling order for further proceedings in this case. (Kelly, Danielle)
March 27, 2020 Opinion or Order Filing 59 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. The Cohen Defendants' Motion to Dismiss 11 is DENIED and Defendant Dorland's Motion to Dismiss 25 is ALLOWED IN PART as to counts I and II, but otherwise DENIED. Defendant Dorland's Motion for Hearing 28 is DENIED. IT IS SO ORDERED. (Kelly, Danielle)
February 26, 2020 Opinion or Order Filing 58 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 2/26/2020 re 11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss filed by Jeffrey A Cohen, Cohen Business Law Group, PC. Case called. Court heard argument from counsel. Order to follow. (Court Reporter: Kristin Kelley at kmob929@gmail.com.) (Attorneys present: Epstein, Olien, Elovecky, Greene) (MacDonald, Gail)
February 14, 2020 Opinion or Order Filing 57 Judge Indira Talwani: ELECTRONIC ORDER: Setting Hearing on Defendants Cohen Business Law Group, PC, and Jeffrey A. Cohen, Esq.'s Motion to Dismiss 11 pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction for Wednesday, February 26, 2020, at 3:30 P.M. in Courtroom 9 before Judge Indira Talwani. Counsel should be prepared to discuss whether a case or controversy exists as to Count VIII of the Amended Complaint 52 , whether declaratory relief is proper under the specific circumstances of this action, and whether, if Count VIII is dismissed, the court has subject matter jurisdiction over the remainder of the action. (Kelly, Danielle)
August 22, 2019 Opinion or Order Filing 56 MEMORANDUM in Opposition re 25 MOTION to Dismiss Counts I, II, V, and VIII of the Complaint filed by Sonya Larson. (Attachments: # 1 Exhibit Affidavit of Plaintiff, Sonya Larson)(Epstein, Andrew)
August 22, 2019 Opinion or Order Filing 55 MEMORANDUM in Opposition re 11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss filed by Sonya Larson. (Attachments: # 1 Exhibit Affidavit of Plaintiff, Sonya Larson)(Epstein, Andrew)
August 8, 2019 Opinion or Order Filing 54 RESPONSE TO COURT ORDER by Jeffrey A Cohen, Cohen Business Law Group, PC TO COURT'S JULY 31, 2019 ORDER. (Greene, Matthew)
August 8, 2019 Opinion or Order Filing 53 RESPONSE TO COURT ORDER by Dawn Dorland Perry Supplemental Memoranda Pursuant to July 31, 2019 Order. (Olien, Elizabeth)
July 31, 2019 Opinion or Order Filing 52 AMENDED COMPLAINT against Jeffrey A Cohen, Cohen Business Law Group, PC, Dawn Dorland Perry, filed by Sonya Larson. (Attachments: # 1 Exhibit Dorland's 2015 Factual Letter, # 2 Exhibit Copyright Registration information for Dorland's 2015 Factual Letter, # 3 Exhibit Agreement by and between Larson and Plympton, Inc., # 4 Exhibit Agreement by and between Larson and ASF, # 5 Exhibit Agreement by and between Larson and the Boston Book Festival (BBF), # 6 Exhibit Copy of The Kindest, # 7 Exhibit Certificate of Copyright Registration for The Kindest, # 8 Exhibit Letter from Atty. Cohen of Cohen Law to the BBF dated July 3, 2018, # 9 Exhibit Letter from Atty. Gregorio to Atty. Cohen of Cohen Law dated July 17, 2018, # 10 Exhibit July 26, 2018, Boston Globe article, # 11 Exhibit August 14, 2018, Boston Globe article, # 12 Exhibit Letter from Cohen Law to Atty. Gregorio dated July 20, 2018, # 13 Exhibit Letter from Cohen Law to Atty. Gregorio dated Sept. 6, 2018, # 14 Exhibit Larson's M.G.L. Chapter 93A thirty-day demand letter, # 15 Exhibit Response of Dorland, Cohen Law and Atty. Cohen to Larson's Chapter 93A letter, # 16 Exhibit Plaintiff's attorney's response to Defendants' Chapter 93A letter)(Epstein, Andrew)
July 31, 2019 Opinion or Order Filing 51 NOTICE of Withdrawal of Appearance by Jeffrey W. Gordon (Gordon, Jeffrey)
July 31, 2019 Opinion or Order Filing 50 Judge Indira Talwani: ORDER ALLOWING Motion for Leave to File Amended Complaint 45 . 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. Defendants shall file within 14 days of this Order a notice that they intend to rest on their previously filed papers, file supplemental memoranda not exceeding five pages, or file superseding motions to dismiss and memoranda not exceeding twenty pages. See attached Order. Modified on 8/2/2019 (Kinsella, Devan).
July 12, 2019 Opinion or Order Filing 49 Opposition re 45 MOTION for Leave to File Amended Complaint filed by Dawn Dorland Perry. (Elovecky, Suzanne)
July 8, 2019 Opinion or Order Filing 48 JOINT STATEMENT of counsel Concerning Mediation Per Court's Request. (Elovecky, Suzanne)
July 3, 2019 Opinion or Order Filing 47 Opposition re 45 MOTION for Leave to File Amended Complaint filed by Jeffrey A Cohen, Cohen Business Law Group, PC. (Gordon, Jeffrey)
July 3, 2019 Opinion or Order Filing 46 CERTIFICATION pursuant to Local Rule 16.1 . (Greene, Matthew)
June 28, 2019 Opinion or Order Filing 45 MOTION for Leave to File Amended Complaint by Sonya Larson. (Attachments: # 1 Exhibit Proposed Amended Complaint with exhibits)(Epstein, Andrew)
June 25, 2019 Opinion or Order Filing 44 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER:(MacDonald, Gail)
June 21, 2019 Opinion or Order Filing 42 STATUS REPORT by Sonya Larson. (Epstein, Andrew)
June 19, 2019 Opinion or Order Filing 41 STATEMENT OF COUNSEL of Andrew D. Epstein and Plaintiff, Sonya Larson under Local Rule 16.1(d)(3) by Sonya Larson. (Epstein, Andrew)
June 18, 2019 Opinion or Order Filing 43 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 6/18/2019. Case called. Court has colloquy with counsel. Counsel to confer with clients re: ADR and file a joint report in two weeks if agreed to a referral to mediation. The Motion for Leave to File 31 denied without prejudice; counsel shall confer and will be allowed to renew the motion after notice to the court. Court orders that a joint, proposed Scheduling Order be filed when initial disclosures are due. Certifications pursuant to Rule 16.1 to be resubmitted with live signatures. Initial Sched. Order to issue. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Epstein, Olien, Elovecky, Greene, Gordon,) (MacDonald, Gail)
June 18, 2019 Opinion or Order Filing 40 STATEMENT OF COUNSEL of Defendants Pursuant to Local Rule 16.1 and Fed. R. Civ. P. 26(f) by Jeffrey A Cohen, Cohen Business Law Group, PC, Dawn Dorland Perry. (Attachments: # 1 Exhibit A)(Elovecky, Suzanne)
June 18, 2019 Opinion or Order Filing 39 STATEMENT OF COUNSEL of Andrew D. Epstein Pursuant to Local Rule 16.1(d)(3) by Sonya Larson. (Epstein, Andrew)
June 18, 2019 Opinion or Order Filing 38 STATEMENT OF COUNSEL of Andrew D. Epstein Pursuant to Local Rule 16.1 and Fed. R. Civ. P. 26(f) by Sonya Larson. (Epstein, Andrew)
June 18, 2019 Opinion or Order Filing 37 CERTIFICATION pursuant to Local Rule 16.1 by Jeffrey A Cohen, Cohen Business Law Group, PC.(Greene, Matthew)
June 18, 2019 Opinion or Order Filing 36 STATEMENT OF COUNSEL of Defendants Pursuant to Local Rule 16.1 and Fed. R. Civ. P. 26(f) by Jeffrey A Cohen, Cohen Business Law Group, PC, Dawn Dorland Perry. (Elovecky, Suzanne)
June 18, 2019 Opinion or Order Filing 35 CERTIFICATION pursuant to Local Rule 16.1 . (Elovecky, Suzanne)
June 3, 2019 Opinion or Order Filing 34 Opposition re 31 MOTION for Leave to File a Reply Brief in Support of Dorland's Partial Motion to Dismiss and Incorporated Motion to Strike Affidavit of Sonya Larson filed by Sonya Larson. (Epstein, Andrew)
May 28, 2019 Opinion or Order Filing 33 Judge Indira Talwani: ELECTRONIC ORDER entered granting 32 Motion to Continue. Scheduling Conference set for 5/31/19 is RESET for 6/18/2019 11:15 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail)
May 22, 2019 Opinion or Order Filing 32 Assented to MOTION to Continue Scheduling Conference to June 11, 2019 by Sonya Larson.(Epstein, Andrew)
May 20, 2019 Opinion or Order Filing 31 MOTION for Leave to File a Reply Brief in Support of Dorland's Partial Motion to Dismiss and Incorporated Motion to Strike Affidavit of Sonya Larson by Dawn Dorland Perry. (Attachments: # 1 Exhibit A)(Elovecky, Suzanne)
May 9, 2019 Opinion or Order Filing 30 AFFIDAVIT of Sonya Larson in Opposition re 25 MOTION to Dismiss Counts I, II, V, and VIII of the Complaint filed by Sonya Larson. (Attachments: # 1 Exhibit Larson Agreement with Plympton, # 2 Exhibit Larson Agreement with American Short Fiction (ASF), # 3 Exhibit Larson Agreement with the Boston Book Festival (BBF))(Epstein, Andrew) (Documents replaced on 5/10/2019 to correct formatting) (Kinsella, Devan).
May 9, 2019 Opinion or Order Filing 29 MEMORANDUM in Opposition re 25 MOTION to Dismiss Counts I, II, V, and VIII of the Complaint filed by Sonya Larson. (Attachments: # 1 Exhibit Dorland's 2015 Letter, # 2 Exhibit The Audible/Brilliance print-on-demand CD variant, # 3 Exhibit The Audible/Brilliance Audio mp3 and ASF variant, # 4 Exhibit The BBF version of The Kindest, # 5 Exhibit Letters between the BBF and legal counsel)(Epstein, Andrew) (Attachment 6 added on 5/10/2019 upon request from counsel: # 6 Exhibit D) (Kinsella, Devan).
April 26, 2019 Opinion or Order Filing 28 MOTION for Hearing re 25 MOTION to Dismiss Counts I, II, V, and VIII of the Complaint Request by Dawn Dorland Perry.(Elovecky, Suzanne)
April 26, 2019 Opinion or Order Filing 27 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 25 MOTION to Dismiss Counts I, II, V, and VIII of the Complaint by Suzanne M. Elovecky on behalf of Dawn Dorland Perry. (Elovecky, Suzanne)
April 25, 2019 Opinion or Order Filing 26 MEMORANDUM in Support re 25 MOTION to Dismiss Counts I, II, V, and VIII of the Complaint filed by Dawn Dorland Perry. (Elovecky, Suzanne)
April 25, 2019 Opinion or Order Filing 25 MOTION to Dismiss Counts I, II, V, and VIII of the Complaint by Dawn Dorland Perry.(Elovecky, Suzanne)
April 24, 2019 Opinion or Order Filing 24 NOTICE of Appearance by Elizabeth E. Olien on behalf of Dawn Dorland Perry (Olien, Elizabeth)
April 23, 2019 Opinion or Order Filing 23 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING Assented-to Motion of Plaintiff for Leave to Substitute the Corrected Exhibit 21 . 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. (Kinsella, Devan)
April 22, 2019 Opinion or Order Filing 22 NOTICE Resetting a Hearing. Scheduling Conference set for 4/24/19 is RESET for 5/31/2019 02:45 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail)
April 19, 2019 Opinion or Order Filing 21 Assented to MOTION for Leave to File the correct exhibit for an exhibit erroneously included in Plaintiff's Complaint and in her Opposition to the Motion to Dismiss of Defendants, Cohen Business Law Group, PC, and Jeffrey A. Cohen by Sonya Larson. (Attachments: # 1 Exhibit Exhibit to be substituted for erroneously filed exhibit)(Epstein, Andrew)
April 19, 2019 Opinion or Order Filing 20 Judge Indira Talwani: ELECTRONIC ORDER entered granting 18 Motion to Continue. Scheduling Conference set for 4/22/19 is RESET for 4/24/2019 03:15 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail)
April 18, 2019 Opinion or Order Filing 19 NOTICE of Appearance by Jeffrey W. Gordon on behalf of Jeffrey A Cohen, Cohen Business Law Group, PC (Gordon, Jeffrey)
April 18, 2019 Opinion or Order Filing 18 Assented to MOTION to Continue Scheduling Conference by Dawn Dorland Perry.(Elovecky, Suzanne)
April 16, 2019 Opinion or Order Filing 17 Judge Indira Talwani: ELECTRONIC ORDER: The stipulation 15 is treated as an assented-to motion to enlarge time to respond to complaint, and is ALLOWED in accordance with the parties' agreement. Defendant Dawn Dorland Perry's time to respond is extended to April 25, 2019, without waiver of any right to challenge the complaint on any grounds. (Kinsella, Devan)
April 14, 2019 Opinion or Order Filing 16 Opposition re 11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss filed by Sonya Larson. (Attachments: # 1 Exhibit Copyright Certificate of Registration for The Kindest, # 2 Exhibit Affidavit of Sonya Larson, # 3 Exhibit Dorland's "2015 Letter" or "Factual Letter", # 4 Exhibit Larson's "Fictional Letter", # 5 Exhibit Cohen Law Firm Letter of July 3, 2018, # 6 Exhibit Cohen Law Firm Letter of July 20, 2018)(Epstein, Andrew)
April 11, 2019 Opinion or Order Filing 15 STIPULATION to Enlarge Time to Respond to Complaint by Dawn Dorland Perry. (Elovecky, Suzanne)
April 9, 2019 Opinion or Order Filing 14 NOTICE of Appearance by Howard M. Cooper on behalf of Dawn Dorland Perry (Cooper, Howard)
April 9, 2019 Opinion or Order Filing 13 NOTICE of Appearance by Suzanne M. Elovecky on behalf of Dawn Dorland Perry (Elovecky, Suzanne)
April 1, 2019 Opinion or Order Filing 12 MEMORANDUM in Support re 11 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss filed by Jeffrey A Cohen, Cohen Business Law Group, PC. (Attachments: # 1 Exhibit A)(Greene, Matthew)
April 1, 2019 Opinion or Order Filing 11 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss ( Responses due by 4/15/2019) by Jeffrey A Cohen, Cohen Business Law Group, PC.(Greene, Matthew)
March 20, 2019 Opinion or Order Filing 10 NOTICE of Scheduling Conference. Scheduling Conference set for 4/22/2019 03:15 PM in Courtroom 9 before Judge Indira Talwani. Counsel for the plaintiff(s) is responsible for ensuring that all parties and/or their attorneys who have not filed an answer or appearance with the court are notified of the date of the scheduling conference. (MacDonald, Gail)
February 27, 2019 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed by Jeffrey A Cohen. Jeffrey A Cohen waiver sent on 1/30/2019, answer due 4/1/2019. (Greene, Matthew)
February 27, 2019 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by Cohen Business Law Group, PC. Cohen Business Law Group, PC waiver sent on 1/30/2019, answer due 4/1/2019. (Greene, Matthew)
February 27, 2019 Opinion or Order Filing 7 NOTICE of Appearance by Matthew H. Greene on behalf of Jeffrey A Cohen, Cohen Business Law Group, PC (Greene, Matthew)
February 27, 2019 Opinion or Order Filing 6 NOTICE of Appearance by Mark William Shaughnessy on behalf of Jeffrey A Cohen, Cohen Business Law Group, PC (Shaughnessy, Mark)
February 1, 2019 Opinion or Order Filing 5 ELECTRONIC NOTICE issued requesting courtesy copy for 1 Complaint. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by February 6, 2019. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina)
January 31, 2019 Opinion or Order Filing 4 Summons Issued as to Jeffrey A Cohen, Cohen Business Law Group, PC, Dawn Dorland Perry. 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. (Jones, Sherry)
January 31, 2019 Opinion or Order Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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. (Finn, Mary)
January 30, 2019 Opinion or Order Filing 2 REPORT on the filing of copyright case . (Epstein, Andrew) Modified on 1/31/2019 for docket text.(Haran, Jodi).
January 30, 2019 Opinion or Order Filing 1 COMPLAINT against Jeffrey A Cohen, Cohen Business Law Group, LLC, Dawn Dorland Perry Filing fee: $ 400, receipt number 0101-7516921 (Fee Status: Filing Fee paid), filed by Sonya Larson. (Attachments: # 1 Exhibit Dorland's Factual Letter, # 2 Exhibit Dorland's Fsactual Letter Copyright Registration Information, # 3 Exhibit Larson's Short Story, "The Kindest", # 4 Exhibit Larson's Fictional Letter, # 5 Exhibit Letter from Larson's Attorney James Gregorio, July 17, 2018, # 6 Exhibit Boston Globe - July 26, 2018 article, # 7 Exhibit Boston Globe - August 14, 2018 article, # 8 Exhibit MGL ch. 93A - Thirty Day Demand Letters, # 9 Exhibit Cohen Law and Atty. Cohen's response to MGL ch. 93A letter, # 10 Exhibit Larson's Attorney's response letter to Cohen Law and Atty. Cohen, # 11 Civil Cover Sheet, # 12 Catagory Sheet)(Epstein, Andrew)

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Defendant: Cohen Business Law Group, PC
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Defendant: Dawn Dorland Perry
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Defendant: Jeffrey A Cohen
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Plaintiff: Sonya Larson
Represented By: Andrew D. Epstein
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