Taylor v. Grunigen
| Richard Taylor |
| Erik Grunigen |
| Judge Jennifer C. Boal and Marianne B. Bowler |
| 1:2019cv11947 |
| September 13, 2019 |
| US District Court for the District of Massachusetts |
| Marianne B Bowler |
| M Page Kelley |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 316 Proposed Findings of Fact by Richard Taylor(Individually, as member of 1210 Fire Rock LLC, and as Partner of the Fire Rock Loop Partnership). (Straus, Lindsey) |
| Filing 315 Proposed Findings of Fact by Erik Grunigen. (Roos, Sigmund) |
| Filing 314 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #313 Motion for Leave. Exhibit 16 to be replaced with [313-1]. (Ferguson, Kerry) |
| Filing 313 Assented to MOTION for Leave to File Redacted Exhibit by Erik Grunigen. (Attachments: #1 Exhibit, #2 Memorandum in Support)(Roos, Sigmund) |
| Filing 312 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. Having reviewed the final status reports #308 #309 #311 , the court takes no further action with respect to the exhibits. Defense counsel have withdrawn the thumb drive. Similarly, the court will not replace Exhibits 30, 33, 35, and 143, as the court anticipates that the parties will be able to correctly cite to page numbers of the lengthier exhibits. The court does not accept the version of Exhibit 16 newly submitted by plaintiff, redacting a financial account number and signature. The time to redact was before admission. Plaintiff is free to request relief from the court by appropriate motion. Exhibit 187, a binder of deposition transcripts, is the version admitted at trial, and not an embedded or annotated version that plaintiff's counsel has since provided to defense counsel. (Ferguson, Kerry) |
| Filing 311 STATUS REPORT Reply to Taylor Response by Erik Grunigen. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B)(Block, Jessica) |
| Filing 310 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. Defense counsel are ordered to file a response to #309 , plaintiff's final status report, limited to the issue raised in paragraph 2 regarding the thumb drive supplied to the court and the issue raised in paragraph 4 regarding deposition exhibits. The response is not to exceed three pages and must be filed by close of business on Tuesday, May 30, 2023. After reviewing the response, the court will determine if further briefing from plaintiff's counsel is necessary. (Ferguson, Kerry) |
| Filing 309 Response by Richard Taylor to #308 Status Report of Defendant re Exhibits. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Straus, Lindsey) |
| Filing 308 STATUS REPORT Re Exhibit Review by Erik Grunigen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Block, Jessica) |
| Filing 307 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. The court has reviewed the parties' separate status reports. #305 (defendant); #305 (plaintiff). The court accepts [305-3] as Corrected Exhibit 26, as it does not appear that plaintiff's counsel objects to that course of action. See #306 at 1. The court will indulge plaintiff's counsel's request, see id. at 1-2, to replace page 14 of Exhibit 173 with the version appearing at #169 at 14, although the difference between the version in black and white and the version in color is not significant, in the court's view. Plaintiff's counsel has flagged an issue with the version of Exhibit 44 that the court has admitted but describes the "couple of pages" that are missing to be "of no consequence." #306 at 1. This was supposed to have been an uncontested exhibit, and defense counsel represents that the version of Exhibit 44 in their possession is "completely different" from the admitted version. [305-1] at 1. The court asks that in the final status report, see below, defense counsel specifically address Exhibit 44. In addition to Exhibits 26 and 44, defense counsel have flagged issues with twenty-three admitted exhibits, one of which (No. 159) had already been corrected. [305-1] at 1-2 (Nos. 6, 11, 17, 29, 30, 33, 39, 61, 73, 118, 120, 124, 129, 132, 134, 135, 136, 137, 142, 143, 149, 156); see 303 . Defense counsel requests more time to review the copies of the flagged exhibits that plaintiff's counsel provided after the April 27, 2023 inspection and to submit a final status report. Defense counsel anticipate indicating consent to the admitted exhibits and disregarding the versions of the flagged exhibits in their possession, barring serious issues. #305 at 2. In a separate status report, plaintiff's counsel presents five-plus pages of argument regarding who is to blame for the exhibit discrepancies. #306 at 2-6. That argument is outside of the scope of the court's order to submit a joint status report indicating consent, or not, to the admitted exhibits. 293 , 303 . Moreover, the separate status report was filed after the close of business. Plaintiff's counsel is warned that further uninvited argument and late submissions may be struck. The court grants defense counsel's request for more time. Defense counsel should submit a final status report, not to exceed five pages, by May 19, 2023. Plaintiff may file a response, not to exceed two pages, by May 22, 2023, if defense counsel's final status report proposes further corrections to the admitted exhibits. The submissions must be limited to whether the parties are content with the admitted exhibits and, if not, why not. Only proposed corrected exhibits may be attached. Lastly, defense counsel represent that in a number of instances, the pages of exhibits in their possession are mis-collated when compared to the admitted versions. #305 at 3. The parties may, at their convenience, review and request copies of the admitted exhibits, in the Clerk's Office. They need only email Clerk Vieira to specify a date and time. The court strongly encourages the parties to do so, as it expects the proposed findings of fact and conclusions of law to include correct or, at least, comprehensible, citations to the record. The court does not expect weighing objections to the admitted exhibits raised belatedly in the proposed findings of fact and conclusions of law. It has already afforded ample opportunity to identify and resolve the exhibit discrepancies, which never should have arisen in the first place. (Ferguson, Kerry) |
| Filing 306 STATUS REPORT re Exhibits by Richard Taylor(Individually, as member of 1210 Fire Rock LLC, and as Partner of the Fire Rock Loop Partnership). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Errata, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Straus, Lindsey) |
| Filing 305 STATUS REPORT Re Exhibit Review by Erik Grunigen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Block, Jessica) |
| Filing 304 Exhibit and witness list. (Vieira, Leonardo) |
| Filing 303 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: Pursuant to #294 the joint response to 293 the court's order regarding exhibits, as well as #295 defense counsel's clarification of the joint response, the court has marked the following: [294-1] as Corrected Exhibit 81; [294-2] as Corrected Exhibit 87; [294-3] as Corrected Exhibit 88; [295-1] as Corrected Exhibit 102; [294-5] as Corrected Exhibit 139; [294-6] as Corrected Exhibit 159; and [294-7] as Corrected Exhibit 184. The court has not marked [294-4] because it appears from the court's review of its sets of binders that plaintiff's counsel mistakenly filed with the joint response Plaintiff's Contested Exhibit 102, instead of Exhibit 102 (Plaintiff's Contested Exhibit 80). Given the absence of objection by plaintiff's counsel to defense counsel's clarification of the joint response, the court accepts [295-1] as Corrected Exhibit 102. As set forth in the joint response, the parties were unable to agree on the correct version of Exhibit 138 (Plaintiff's Contested Exhibit 72). The two versions of Plaintiff's Contested Exhibit 72 in the court's possession differ in that one includes an email dated February 22, 2017 and the other does not. The version of Plaintiff's Contested Exhibit 72 that plaintiff's counsel argues is the correct version of Exhibit 138 matches the court's version of Plaintiff's Contested Exhibit 72 that includes the email dated February 22, 2017. See [294-8].Based on defense counsel's proffer, what defense counsel understood to be Plaintiff's Contested Exhibit 72 (and, thus, in defense counsel's view, the correct version of Exhibit 138) matches what, in the court's sets of binders, had been identified as Plaintiff's Contested Exhibit 70 - emails dated January 17, 2017 and a Statement of Information. See [294-9]. Below, consistent with its set of binders, the court refers to [294-8] as Plaintiff's Contested Exhibit 72 and [294-9] as Plaintiff's Contested Exhibit 70.Plaintiff's counsel argues, inter alia, that defense counsel had access to Plaintiff's Contested Exhibit 72 and that plaintiff did not intend to seek admission of Plaintiff's Contested 70. [294 at 1-3].Defense counsel argue that they were entitled to rely on the contents in the binders that were served on them by plaintiff's counsel. They also argue that defendant only intended to agree to the admission of Plaintiff's Contested Exhibit 70. [294 at 3-5].The court agrees with defense counsel that this process has been "chao[tic]." [294 at 4]. Nevertheless, the court has resolved to mark [294-8]/Plaintiff's Contested Exhibit 72 as Corrected Exhibit 138A and [294-9]/Plaintiff's Contested Exhibit 70 as Corrected Exhibit 138B. The court does not view Exhibit 138B to have been admitted with plaintiff's agreement, and considers any objection by plaintiff to the admission of Exhibit 138B preserved. Conversely, the court does not view Exhibit 138A to have been admitted with defendant's agreement, and considers any objection by defendant to the admission of Exhibit 138A preserved. The parties may present argument in their proposed findings of fact and conclusions of law, due June 30, 2023, regarding the weight that the court should give these and any other admitted exhibits.Per 293 , the parties have arranged to inspect the admitted exhibits on April 27, 2023. The joint status report indicating whether or not they are content with the admitted exhibits shall be filed no later than May 4, 2023. (Vieira, Leonardo) |
| Filing 302 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 #https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) |
| Filing 301 Transcript of Bench Trial Day Five held on February 27, 2023, before Chief Magistrate Judge M. Page Kelley. 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: Kathleen Silva at kathysilva@verizon.net. Redaction Request due 4/19/2023. Redacted Transcript Deadline set for 5/1/2023. Release of Transcript Restriction set for 6/27/2023. (McDonagh, Christina) |
| Filing 300 Transcript of Bench Trial Day Four held on February 24, 2023, before Chief Magistrate Judge M. Page Kelley. 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: Kathleen Silva at kathysilva@verizon.net. Redaction Request due 4/19/2023. Redacted Transcript Deadline set for 5/1/2023. Release of Transcript Restriction set for 6/27/2023. (McDonagh, Christina) |
| Filing 299 Transcript of Bench Trial Day Three held on February 23, 2023, before Chief Magistrate Judge M. Page Kelley. 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: Kathleen Silva at kathysilva@verizon.net. Redaction Request due 4/19/2023. Redacted Transcript Deadline set for 5/1/2023. Release of Transcript Restriction set for 6/27/2023. (McDonagh, Christina) |
| Filing 298 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 #https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) |
| Filing 297 Transcript of Bench Trial Day Two held on February 22, 2022, before Chief Magistrate Judge M. Page Kelley. 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 4/18/2023. Redacted Transcript Deadline set for 4/28/2023. Release of Transcript Restriction set for 6/26/2023. (McDonagh, Christina) |
| Filing 296 Transcript of Bench Trial Day One held on February 21, 2023, before Chief Magistrate Judge M. Page Kelley. 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: Kelley Mortellite at mortellite@gmail.com. Redaction Request due 4/18/2023. Redacted Transcript Deadline set for 4/28/2023. Release of Transcript Restriction set for 6/26/2023. (McDonagh, Christina) |
| Filing 295 BRIEF by Erik Grunigen to #294 Joint statement of counsel, . (Attachments: #1 Exhibit Exhibit 102)(Roos, Sigmund) |
| Filing 294 JOINT STATEMENT of counsel Re Exhibits. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Straus, Lindsey) |
| Filing 293 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. The parties were ordered to submit two copies of a binder of uncontested exhibits and two copies of a binder of contested exhibits to the court in advance of trial. The party who submitted the binders to the court was ordered to serve copies of the binders on the opposing party. 262 . Pursuant to that order, the court had, in advance of trial, two sets of uncontested exhibits binders; two sets of plaintiff's contested exhibits binders; and two sets of defendant's contested exhibits binders. The court marked the admitted exhibits from its two sets of binders. During trial, defense counsel alerted the court to discrepancies between the exhibit that plaintiff's counsel was seeking to admit and the version of the exhibit in the copies of the binders that had been served upon defense counsel. And in attempting to prepare the final exhibit list, the court has now also discovered discrepancies between even its two sets of binders. Some of those discrepancies are insignificant. The court has been able to reconcile other discrepancies. But several discrepancies are significant and irreconcilable. Plaintiff's counsel and defense counsel are ordered to confer and, by March 8, 2023, jointly submit via email to Deputy Clerk Vieira the correct versions of the following: Exhibit 81 (Plaintiff's Contested Exhibit 90); Exhibit 87 (Plaintiff's Contested Exhibit 38); Exhibit 88 (Plaintiff's Contested Exhibit 143); Exhibit 102 (Plaintiff's Contested Exhibit 80); Exhibit 138 (Plaintiff's Contested Exhibit 72); Exhibit 139 (Plaintiff's Contested Exhibit 76); Exhibit 159 (Plaintiff's Contested Exhibit 181); and Exhibit 184 (Plaintiff's Contested Exhibit 93). If counsel are unable to agree as to the correct versions of these exhibits, they may submit a joint status report, by March 8. After the corrected exhibits are submitted, the court will docket the final exhibit list. Within forty-five (45) days of the completion of the transcripts, plaintiff's counsel and defense counsel must jointly appear at the courthouse to inspect the admitted exhibits. Arrangements may be made with Deputy Clerk Vieira. After the inspection, counsel must indicate, in a joint status report, whether or not they are content with the admitted exhibits. The parties' proposed findings of fact and conclusions of law are due June 30, 2023. No extensions of that deadline will be granted. (Vieira, Leonardo) |
| Filing 292 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Bench Trial completed on 2/27/2023. The Court reviewed preliminary matters with the parties. Plaintiff called Gerald Tulis to testify. The witness was sworn in and testimony began. Defense cross examines, re-direct examination. Witness was excused. The parties are to submit copies of admitted Exhibits 32 and 45 to the court, if possible via email to Deputy Clerk Vieira at leonardo_vieira@mad.uscourts.gov, by March 13, 2023. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Straus, Block, Roos) (Vieira, Leonardo) |
| Filing 291 MEMORANDUM OF LAW by Erik Grunigen. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Block, Jessica) |
| Filing 290 MEMORANDUM OF LAW by Richard Taylor(Individually, as member of 1210 Fire Rock LLC, and as Partner of the Fire Rock Loop Partnership). (Straus, Lindsey) |
| Filing 289 STIPULATION of Facts by Erik Grunigen. (Block, Jessica) |
| Filing 288 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Bench Trial held on 2/24/2023. The Court reviewed preliminary matters with the parties. The witness was reminded that he is still under oath. Testimony of witness Richard Taylor continued. Defense cross examines, re-direct examination, re-cross. Witness was excused. Plaintiff rested. The defendant called Erik Grunigen to testify. The witness was sworn in and testimony began. Plaintiff cross examines and witness was excused. The Court adjourned for the day. Bench trial day five set to commence on February 27, at 9:00 a.m. (Court Reporter: Kathleen Silva at kathysilva@verizon.net and Linda Walsh at lwalshsteno@gmail.com)(Attorneys present: Straus, Block, Roos) (Vieira, Leonardo) |
| Filing 287 ELECTRONIC NOTICE of Hearing. Bench Trial set for 2/24/2023 09:00 AM in Courtroom 24 (In person only) before Magistrate Judge M. Page Kelley. (Vieira, Leonardo) |
| Filing 286 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Bench Trial held on 2/23/2023. The Court reviewed preliminary matters with the parties. Plaintiff called David Morse Colburn III to testify. The witness was sworn in and testimony began. Defense cross, re-direct examination, witness was excused. Plaintiff then called Kenley Wingate Branscome to testify. The witness was sworn in and testimony began. Defense cross examines, re-direct, witness was excused. Plaintiff then called Richard Taylor to testify. The witness was sworn in and testimony began. The Court adjourned for the day. Bench trial day four set to commence on February 24, 2021 at 9:00 a.m. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Straus, Block, Roos) (Vieira, Leonardo) Modified on 2/24/2023 to fix docket text (Vieira, Leonardo). |
| Filing 285 ELECTRONIC NOTICE OF RESCHEDULING Bench Trial set for 2/23/2023 10:00 AM in Courtroom 24 (In person only) before Magistrate Judge M. Page Kelley. (Vieira, Leonardo) |
| Filing 284 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Bench Trial held on 2/22/2023. The Court reviewed preliminary matters with the parties. The witness was reminded that he is still under oath. Testimony of witness Erik Grunigen continued. Witness was excused. Plaintiff called Mark Monroe to testify. The witness was sworn in and testimony began. Defense cross examines, re-direct examination, re-cross. Witness was excused. The Court adjourned for the day. Bench trial day three set to commence on February 23, 2023 at 10:00am (Court Reporter: Kelly Mortellite at mortellite@gmail.com and Kristin Kelley at kmob929@gmail.com) Modified on 2/22/2023 to fix docket text (Vieira, Leonardo). |
| Filing 283 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Bench Trial held on 2/21/2023. The parties made opening statements and submitted exhibits into evidence. Plaintiff's witness Erik Grunigen was sworn in and testimony given. The Court adjourned for the day. Bench trial day two set to commence on February 22, 2023 at 9:00am. (Court Reporter: Kelly Mortellite at mortellite@gmail.com and Kristin Kelley)(Attorneys present: Straus, Block, Roos) (Vieira, Leonardo) |
| Filing 282 MEMORANDUM OF LAW by Erik Grunigen to #246 Pretrial Memorandum. (Block, Jessica) |
| Filing 281 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #280 . Defendant's motion requesting that his expert be permitted to testify on either February 21 or February 27, 2023 because of a planned vacation is allowed. (Ferguson, Kerry) |
| Filing 280 Emergency MOTION for Order to Exercise Control Over Order of Examination of Witnesses at Trial by Erik Grunigen.(Roos, Sigmund) |
| Filing 279 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Final Pretrial Conference held on 2/14/2023 by video. Court discuss upcoming trial. Parties estimate the trial will last a week. Bench Trial set for 2/21/2023 09:00 AM in Courtroom 24 before Magistrate Judge M. Page Kelley. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #https://forms.mad.uscourts.gov/Audio.html . For a transcript of this proceeding, contact the Clerk's office by email at mad_transcripts@mad.uscourts.gov.(Attorneys present: Straus, Block, Roos) (Vieira, Leonardo) |
| Filing 278 ELECTRONIC NOTICE of Hearing. Further Final Pretrial Conference set for 2/14/2023 04:00 PM before Magistrate Judge M. Page Kelley. 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 courtroom deputy of the session 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 general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Lovett, Jarrett) |
| Filing 277 REPORT of Alternative Dispute Resolution Provider. Further efforts to settle this case at this time are, in my judgment, unlikely to be productive. Thiscase should be restored to your trial list. (Simeone, Maria) |
| Filing 275 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered. granting #274 Motion to Continue. The Alternative Dispute Resolution Hearing has been reset for 1/27/2023 11:00 AM in Remote Proceeding : Boston before Magistrate Judge Marianne B. Bowler.TRIAL counsel and ALL NAMED PLAINTIFFS AND DEFENDANTS are ORDERED to be present and to have full settlement authority UNLESS EXCUSED BY THE COURT. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via email as an attachment to maria_simeone@mad.uscourts.gov THREE BUSINESS DAYS before the hearing. The mediation memo should be marked "Confidential - Not for Docketing" and is not to be served upon opposing parties. Counsel shall review the Zoom process and technical procedures with their clients and conduct a successful test run prior to the date of the mediation to ensure accessibility.It shall be understood (a) that all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) that the entire mediation process, including all communications during any in-person, video or audio part thereof, is confidential, (c) that all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) that no party, participant, or representative shall seek in any proceeding to hereafter compel the mediator to testify and/or produce any document with respect to the mediation, and (e) that all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time, contact the Courtroom Deputy. But, if the date poses a serious conflict, please do NOT contact the Courtroom Deputy directly regarding mediation scheduling. Counsel are to confer with opposing counsel and FILE AN ASSENTED-TO MOTION TO CONTINUE the mediation, including therein several proposed dates for which all counsel and principals are available. Alternative Dispute Resolution Hearing reset for 1/27/2023 11:00 AM in Remote Proceeding : Boston before Magistrate Judge Marianne B. Bowler. (Simeone, Maria) |
| Filing 274 Joint MOTION to Continue Mediation to 1/31, 1/30, or 1/27 Mediation by Erik Grunigen.(Roos, Sigmund) |
| Filing 273 ELECTRONIC NOTICE of ADR Conference. The Alternative Dispute Resolution Hearing has been set for 1/19/2023 10:00 AM in Remote Proceeding : Boston before Magistrate Judge Marianne B. Bowler. TRIAL counsel and ALL NAMED PLAINTIFFS AND DEFENDANTS are ORDERED to be present and to have full settlement authority UNLESS EXCUSED BY THE COURT.A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via email as an attachment to maria_simeone@mad.uscourts.gov THREE BUSINESS DAYS before the hearing. The mediation memo should be marked "Confidential - Not for Docketing" and is not to be served upon opposing parties. Counsel shall review the Zoom process and technical procedures with their clients and conduct a successful test run prior to the date of the mediation to ensure accessibility.It shall be understood (a) that all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) that the entire mediation process, including all communications during any in-person, video or audio part thereof, is confidential, (c) that all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) that no party, participant, or representative shall seek in any proceeding to hereafter compel the mediator to testify and/or produce any document with respect to the mediation, and (e) that all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time, contact the Courtroom Deputy. But, if the date poses a serious conflict, please do NOT contact the Courtroom Deputy directly regarding mediation scheduling. Counsel are to confer with opposing counsel and FILE AN ASSENTED-TO MOTION TO CONTINUE the mediation, including therein several proposed dates for which all counsel and principals are available.(Simeone, Maria) |
| Filing 272 Notice of assignment to ADR Provider. Judge Marianne B. Bowler appointed.(Simeone, Maria) |
| Filing 271 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution.(Lovett, Jarrett) |
| Filing 270 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Status Conference held on 1/11/2023. Health of atty Straus addressed; ADR program addressed; Bench Trial set for 2/21/2023 09:00 AM in Courtroom 24 (In person only) before Magistrate Judge M. Page Kelley.(Digital Recording.) To order a copy of this Digital Recording, please go to #https://forms.mad.uscourts.gov/Audio.html . For a transcript of this proceeding, contact the Clerk's office by email at mad_transcripts@mad.uscourts.gov.(Attorneys present: Roos, Straus, and Block) (Lovett, Jarrett) |
| Filing 269 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #268 Assented to Motion to Continue. A Status Conference is set for 1/11/2023 11:00 AM to discuss future dates before Magistrate Judge M. Page Kelley. 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. (Lovett, Jarrett) |
| Filing 268 Assented to MOTION to Continue Trial to Generally by Richard Taylor. (Attachments: #1 Affidavit, #2 Exhibit)(Straus, Lindsey) |
| Filing 267 Set/Reset Hearings (event only): Bench Trial set for 1/9/2023 09:00 AM in Courtroom 24 (In person only) before Magistrate Judge M. Page Kelley. (Lovett, Jarrett) |
| Filing 266 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #265 Motion for Extension of Time to File regarding contested exhibit binders. (Ferguson, Kerry) |
| Filing 265 Emergency MOTION for Extension of Time to 01/06/2023 to File Exhibit Binders by Richard Taylor.(Straus, Lindsey) |
| Filing 264 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. In light of #263 , the court clarifies 262 , the notes from the final pretrial conference, as follows: Plaintiff's counsel stated that plaintiff will waive any argument that the statutes of limitations were tolled due to periods of mental incapacity. Plaintiff does not waive statutes of limitations arguments unrelated to mental incapacity. (Ferguson, Kerry) |
| Filing 263 RESPONSE TO COURT ORDER by Richard Taylor re 262 Pretrial Conference - Final,,,,,,, . (Straus, Lindsey) |
| Filing 262 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Final Pretrial Conference held on 12/20/2022. Counsel for plaintiff, counsel for defendant, and defendant appear via zoom for the final pretrial conference. The court addresses trial logistics and schedule. Trial will be held in Courtroom 24, from 9 am to 4 pm on January 9, 2023; from 9 am to 1 pm on January 10, 2023; from 9 am to 3:30 pm on January 11, 2023; from 11:30 am to 1 pm and from 2 pm to 4 pm on January 12, 2023; and, from 9 am to 4 pm on January 13, 2023. The parties should prepare for trial to end on January 13, 2023. By January 4, 2023, the parties must deliver to the Clerks Office two (2) binders of uncontested exhibits and two (2) binders of contested exhibits. Whichever party supplies the court with the binders should serve copies on the opposing party. The court will permit the uncontested exhibits to be admitted collectively at the beginning of trial and will hear argument on the contested exhibits as they are introduced. Counsel are to confer regarding the procedure for introducing deposition testimony. After hearing further argument from the parties on the topics raised in the motion in limine, #250 , the court defers further ruling until trial. Plaintiffs counsel stated that plaintiff will waive any argument that the statute of limitations was tolled during periods of mental incapacity. (Court Reporter: Digital Recording 2:30.) To order a copy of this Digital Recording, please go to #https://forms.mad.uscourts.gov/Audio.html . For a transcript of this proceeding, contact the Clerk's office by email at mad_transcripts@mad.uscourts.gov.(Attorneys present: Straus, Roos, Block) (Belpedio, Lisa) |
| Filing 261 Magistrate Judge M. Page Kelley: ORDER entered denying without prejudice #250 Motion in Limine. (Lovett, Jarrett) |
| Filing 260 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #257 Assented-to Motion to Continue. Final Pretrial Conferene continued to 12/20/2022 02:30 PM before Magistrate Judge M. Page Kelley.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. (Lovett, Jarrett) |
| Filing 259 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered denying #258 plaintiff's motion for leave to a reply in further support of #250 his motion in limine. (Ferguson, Kerry) |
| Filing 258 MOTION for Leave to File Reply To Defendant's Opposition To Plaintiff's Motion in Limine by Richard Taylor.(Straus, Lindsey) |
| Filing 257 Assented to MOTION to Continue Pre-Trial Conference to 12/20/2022 by Richard Taylor.(Straus, Lindsey) |
| Filing 256 Opposition re #250 MOTION in Limine filed by Erik Grunigen(Individually, as sole Manager of 1210 Fire Rock LLC, and as Managing Partner of the Fire Rock Loop Partnership). (Roos, Sigmund) |
| Filing 255 RESPONSE TO COURT ORDER by Richard Taylor re #246 Pretrial Memorandum . (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 254 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #253 defendant's Emergency Motion for Extension of Time. The opposition to #251 plaintiff's motion in limine may be filed December 11, 2022. (Ferguson, Kerry) |
| Filing 253 Emergency MOTION for Extension of Time to 12/11/22 to File Response/Reply as to #250 MOTION in Limine by Erik Grunigen(Individually, as sole Manager of 1210 Fire Rock LLC, and as Managing Partner of the Fire Rock Loop Partnership).(Roos, Sigmund) |
| Filing 252 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #251 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Ferguson, Kerry) |
| Filing 251 MOTION to Seal by Richard Taylor.(Straus, Lindsey) |
| Filing 250 MOTION in Limine by Richard Taylor. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Memorandum)(Straus, Lindsey) (Additional attachment(s) added on 12/7/2022: #6 memorandum in Support, #7 Affidavit of Richard P. Taylor) (Montes, Mariliz). |
| Filing 249 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #248 . The joint emergency motion to continue deadlines is allowed to the extent that motions in limine may be filed today, December 6, 2022. The parties may file proposed findings of fact and conclusions of law after trial. (Ferguson, Kerry) |
| Filing 248 Joint MOTION for Extension of Time to 12/06/2022 to File Proposed Findings and Rulings by Richard Taylor.(Straus, Lindsey) |
| Filing 247 ADDENDUM re #244 Emergency MOTION for Extension of Time to 11/30/2022 to File Joint Pretrial Memorandum filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Straus, Lindsey) |
| Filing 246 PRETRIAL MEMORANDUM by Erik Grunigen(Individually, as sole Manager of 1210 Fire Rock LLC, and as Managing Partner of the Fire Rock Loop Partnership). (Roos, Sigmund) |
| Filing 245 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. This morning, plaintiff's counsel contacted court staff requesting a status conference to explain to the court why an additional two days is needed to submit the joint pretrial memorandum. This afternoon, counsel filed an emergency motion for an extension of the deadline. Defense counsel does not assent to the continuance. See #244 at 2. The request for a status conference is denied, but #244 the emergency motion for an extension is allowed. The parties may submit the joint pretrial memorandum by close of business on November 30, 2022. No other deadlines are extended, and the final pretrial conference will be held on December 14, 2022. In the future, if counsel wish to request that the court take some action, counsel are to make that request through appropriate pleadings filed on the public docket, not through communications with staff. Counsel are reminded of their obligation to prepare this case to go forward cooperatively. (Lovett, Jarrett) |
| Filing 244 Emergency MOTION for Extension of Time to 11/30/2022 to File Joint Pretrial Memorandum by Richard Taylor. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit)(Straus, Lindsey) |
| Filing 243 Plaintiff Response to Exhibit List and Witnesses of Defendant by Richard Taylor.. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 242 Objection to #241 Objection, by Erik Grunigen(Individually, as sole Manager of 1210 Fire Rock LLC, and as Managing Partner of the Fire Rock Loop Partnership) Corrected Objections to Taylor's Witness and Document Designations. (Attachments: #1 Exhibit A to Objections to Witness and Document Designations)(Roos, Sigmund) |
| Filing 241 Objection by Erik Grunigen(Individually, as sole Manager of 1210 Fire Rock LLC, and as Managing Partner of the Fire Rock Loop Partnership) to Taylor's Document and Witness Designations. (Attachments: #1 Exhibit A to Objections to Witness and Document Designations)(Roos, Sigmund) |
| Filing 240 ELECTRONIC NOTICE OF RESCHEDULING: Final Pretrial Conference reset for 12/14/2022 03:00 PM before Magistrate Judge M. Page Kelley. 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.(Lovett, Jarrett) |
| Filing 239 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. #236 Defendant's Motion to Compel Compliance with Rules and for Stay of Pre-Trial Schedule is denied, except that deadlines set forth in the pretrial order, #232 , are extended, but will not be extended again, as follows: The parties will have until November 21, 2022, to serve on one another the list describing any objections to proposed exhibits and witnesses. That list need only provide notice of the grounds for the objections. The meet-and-confer may be conducted the week of November 21, 2022. The joint pretrial memorandum setting out, among other things, unresolved objections to proposed exhibits and witnesses must be filed no later than November 28, 2022. Proposed jury instructions must be filed no later than November 28, 2022. Motions in limine, trial briefs, neutral and succinct statements of the case, proposed voir dire, and proposed interrogatories or special verdict forms, must be filed no later than December 5, 2022. Oppositions to motions in limine must be filed no later than December 9, 2022. The court will not grant leave to file any replies. The December 5 final pretrial conference will be rescheduled to December 14, 2022, at 3 PM. The court does not express any opinion now as to the admissibility of exhibits or testimony but notes its authority to control the course of a trial, including by limiting the presentation of evidence so as to avoid wasting time. Fed. R. Evid. 611(a)(2). It is exceedingly unlikely that, at this trial, the court will permit the admission of hundreds of exhibits, even by agreement or in the absence of an objection. Therefore the parties should try their utmost to limit the number of exhibits they seek to admit. See Noel Shows, Inc. v. United States, 721 F.2d 327, 330 (11th Cir. 1983) ("The question of whether evidence should be admitted is a matter of law for the trial court to determine, and that determination is not restricted by the stipulation of the parties") (citation omitted); see also Pickett v. Lindsay, 56 Fed. Appx. 718, 723 (7th Cir. 2002) ("...trial courts are free to exclude, sua sponte, inadmissible evidence") (unpublished) (citations omitted). Counsel are expected to work cooperatively in preparation for trial, which will proceed in just two months. The court rejects any suggestion that in doing so, counsel give an "early...window into" their cases. See #238 plaintiff's Opposition at 3. The window is no longer "early" and it is necessary for the fair and efficient administration of justice that the parties work together. The trial date is firm and counsel should prepare this case to go forward with a minimum of excessive filings, disputes, complaints, accusations, and other actions likely to cause delay and frustrate the resolution of this case. (Ferguson, Kerry) |
| Filing 238 Opposition re #236 MOTION to Compel Compliance with Court Order and Rules and for Stay filed by Richard Taylor. (Straus, Lindsey) |
| Filing 237 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. Plaintiff is ordered to file a response to #236 defendant's Motion to Compel Compliance with Rules and for Stay of Pre-Trial Schedule by close of business on Tuesday, November 8, 2022. The November 7 deadline for service on the opposing party of objections to proposed trial exhibits and witnesses, see #232 at 2, is extended to November 14, 2022. At this time, no other deadlines set forth in the pretrial order, #232 , will be extended or stayed, except that the parties may hold the meet-and-confer between November 14 and November 21. Previously, court staff received an email from plaintiff's counsel seeking clarification of the pretrial order. Plaintiff's counsel is directed to set forth the substance of the request for clarification in the response to the defendant's motion, which is to be filed on the public docket. (Lovett, Jarrett) |
| Filing 236 MOTION to Compel Compliance with Court Order and Rules and for Stay by Erik Grunigen. (Attachments: #1 Supporting Memorandum)(Roos, Sigmund) |
| Filing 235 NOTICE of Appearance by Jessica Block on behalf of Erik Grunigen (Block, Jessica) |
| Filing 234 EXHIBIT re #233 Disclosure pursuant to Rule 26,,,, by Erik Grunigen(Individually, as sole Manager of 1210 Fire Rock LLC, and as Managing Partner of the Fire Rock Loop Partnership). (Roos, Sigmund) |
| Filing 233 Disclosure pursuant to Rule 26 by Erik Grunigen. (Attachments: #1 Exhibit Designated Documents, #2 Exhibit Designated Documents, #3 Exhibit Designated Documents, #4 Exhibit Designated Documents, #5 Exhibit Designated Documents, #6 Exhibit Designated Documents, #7 Exhibit Designated Documents, #8 Exhibit Designated Documents, #9 Exhibit Designated Documents, #10 Exhibit Designated Documents, #11 Exhibit Designated Images, #12 Exhibit Designated Documents, #13 Exhibit Designated Documents, #14 Exhibit Designated Documents, #15 Exhibit Designated Images, #16 Exhibit Designated Documents, #17 Exhibit Designated Docuements, #18 Exhibit Designated Documents, #19 Exhibit Designated Documents, #20 Exhibit Designated Documents, #21 Exhibit Designated Documents, #22 Exhibit Designated Documents, #23 Exhibit Designated Documents, #24 Exhibit Designated Documents, #25 Exhibit Designated Documents, #26 Exhibit Designated Document, #27 Exhibit Designated Transcript, #28 Exhibit Designated Transcript)(Roos, Sigmund) |
| Filing 232 Magistrate Judge M. Page Kelley: ORDER entered. SCHEDULING ORDER: Final Pretrial Conference set for 12/5/2022 10:00 AM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley.(Vieira, Leonardo) |
| Filing 231 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Status Conference held on 7/26/2022. The court discussed with the parties whether they wish to go to mediation. Court further discuss with counsel setting up a Jury Trial date. Jury Trial set for 1/9/2023 - 1/13/2023 at 09:00 AM in Courtroom 24 (In person only) before Magistrate Judge M. Page Kelley. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Katelyn Coppola by email at mad_transcripts@mad.uscourts.gov.(Attorneys present: Straus, Roos) (Vieira, Leonardo) |
| Filing 230 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: In light of the joint status report, #229 , the court informs the parties that the court is available for trial on the following dates: October 25, 2022; November 29, 2022; December 6, 2022; December 13, 2022; December 27, 2022; January 9, 2023. The court is not inclined to schedule a trial past January, 2023 because of the age of the case. These dates can be further discussed at the hearing on July 26, 2022. (Vieira, Leonardo) |
| Filing 229 STATUS REPORT by Richard Taylor(Individually, as member of 1210 Fire Rock LLC, and as Partner of the Fire Rock Loop Partnership). (Straus, Lindsey) |
| Filing 228 ELECTRONIC NOTICE of Hearing: Status Conference set for 7/26/2022 10:00 AM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. The parties are ordered to file a status report, no later than 5 days before the status conference, jointly proposing at least 3 dates for trial.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.(Vieira, Leonardo) |
| Filing 227 ELECTRONIC NOTICE of Reassignment. Magistrate Judge M. Page Kelley added. Marianne B Recalled Bowler no longer assigned to case. (Finn, Mary) |
| Filing 226 Judge Marianne B. Bowler: ELECTRONIC ORDER entered reassigning case to Judge Kelley in light of joint statement, # 225.(Belpedio, Lisa) |
| Filing 225 JOINT STATEMENT of counsel Agreeing to Reassignment to Judge Kelley. (Straus, Lindsey) |
| Filing 224 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered denying #178 Motion for leave to Amend. Plaintiff seeks to file a second amended complaint to include "as a numbered count or in the [p]rayer for [r]elief" "a request for correction of [certain] public records" that plaintiff alleges are "false and incorrect." (Docket Entry # 178-1, p. 1). The operative complaint in this action is currently Docket Entry # 20-1 and its accompanying exhibits, as this court previously explained. See (Docket Entry # 207, p. 2, n. 2). Defendant opposes the motion, arguing that "the motion is untimely,... will only prolong proceedings despite numerous extensions [plaintiff] has already sought, and... is futile in that it fails to state a claim upon which relief may be granted." (Docket Entry # 180, p. 1). This court agrees.This court "enjoys significant latitude in deciding whether to grant leave to amend," provided "any adequate reason for the denial is apparent on the record." See U.S. ex rel. Gagne v. City of Worcester, 565 F.3d 40, 48 (1st Cir. 2009). At the time plaintiff filed his motion, this case had been pending for two and a half years. See (Docket Entry # 1). In January of this year, this court emphasized (after numerous delays and deadline extensions): "ABSOLOUTELY NO FURTHER EXTENSIONS TO BE GRANTED IN THIS CASE." (Docket Entry # 146). Plaintiff fails to show good cause under Fed. R. Civ. P. 15(a) for his delay in seeking to file a second amended complaint. The fact that the parties may have been busy preparing their summary judgment papers and engaging in settlement discussions, as plaintiff suggests (Docket Entry # 178-1, p. 4), does not excuse plaintiff's delay. Furthermore: (1) to the extent plaintiff seeks to add the "correction of public records and contracts" (Docket Entry # 178-2, p. 50) "as a numbered count" (Docket Entry # 178-1, p. 1), he fails to state a claim for which relief may be granted and therefore proposes a futile amendment, see Rife v. One West Bank, F.S.B., 873 F.3d 17, 21 (1st Cir. 2017); and (2) to the extent plaintiff seeks to supplement his "prayer for relief" with a request for an order requiring defendant to correct the allegedly false and incorrect filings (Docket Entry # 178-1, p. 1), plaintiff has already requested in the operative complaint (Docket Entry # 20-1) a broad request for "further relief as [this] [c]ourt deems appropriate" (Docket Entry # 20-1, p. 56).Accordingly, in this court's discretion under Fed. R. Civ. P. 15(a), plaintiff's second motion for leave to amend (Docket Entry # 178) is DENIED. (Belpedio, Lisa) |
| Filing 223 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference held on 5/19/2022. Case called, counsel appear by telephone, counsel to confer and file preference within one week on how case should proceed. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Straus, Roos) (Belpedio, Lisa) |
| Filing 222 ELECTRONIC NOTICE of Hearing. Status Conference set for 5/19/2022 02:00 PM in Remote Proceeding : Boston before Magistrate Judge Marianne B. Bowler. 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. (Belpedio, Lisa) |
| Filing 221 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered. In docketing a Memorandum and Order allowing plaintiffs motion for leave to file corrected filings, the Clerk erroneously informed plaintiffs counsel to file the document for which leave to file has been granted. (Docket Entry # 206). As stated in the Memorandum and Order, however, plaintiff [already] filed the corrected filings (Docket Entry # 194-1 to 194-3, 195,195-1 to 195-4, 196, 196-1, 196-2, 197, 197-1 to 197-5, 198, 1981 to 198-3). (Docket Entry # 206, p. 3). Moreover, a Memorandum and Order on the summary judgment motions (Docket Entry # 208) refers to these filings by the above docket entries.Abiding by the Clerks instructions, plaintiffs counsel yesterday filed ten filings (Docket Entry # 211-220) (the belated filings) regarding the already-adjudicated summary judgment motion (Docket Entry # 115). The belated filings (Docket Entry # 211 to 220) require no judicial action. In addition, they do not replace the already-existing, corrected summary judgment filings noted above, which were part of the summary judgment record when this court decided the summary judgment motions. (Russo, Noreen) |
| Filing 220 AFFIDAVIT of Richard P Taylor in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Straus, Lindsey) |
| Filing 219 AFFIDAVIT of Richard P Taylor in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 218 AFFIDAVIT of Richard P Taylor in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 217 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 216 AFFIDAVIT in Opposition re #120 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 215 AFFIDAVIT of Richard P Taylor in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 214 AFFIDAVIT of Richard P. Taylor in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 213 AFFIDAVIT of Richard P. Taylor in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Straus, Lindsey) |
| Filing 212 Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 211 Amended Statement of Material Facts L.R. 56.1 re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 210 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered re: #184 Motion to Strike #184 MOTION to Strike #147 Response to Motion, #148 Memorandum in Opposition to Motion . The motion seeks to strike: (1) plaintiff Richard P. Taylor's memorandum in opposition (Docket Entry # 148) to defendant Erik V. Grunigen's summary judgment motion because it "does not reference a single exhibit" (Docket Entry # 183) (capitalizationomitted); and (2) plaintiff's statement of additional facts (Docket Entry # 147, pp. 15-75) because it is not concise, certain paragraphs are not supported by citations to the record, and other paragraphs cite to exhibits that do not exist. (Docket Entry # 183, 184). After defendant filed the motion to strike, this court allowed plaintiff to file a corrected memorandum in opposition (Docket Entry # 194-2) which now contains citations to exhibits. Request number one is therefore moot. Relative to request number two, this court allowed plaintiff to file a corrected statement of additional facts (Docket Entry # 194-1, pp. 15-75) to include missing citations to the record and referenced exhibits to the corrected Taylor affidavit (Docket Entry # 194-3) as well as a revised set of 48 exhibits to the affidavit (Docket Entry # 195-198) in order to correct misnumbered and missing exhibits. The second request is therefore moot except for the request to strike the additional statement because it is not concise. In this court's discretion, see Advanced Flexible Circuits, Inc. v. GE Sensing & Inspection Techs. GmbH, 781 F.3d 510, 521 (1st Cir. 2015), the prior statement of additional facts is not stricken on the basis that it is not concise or includes immaterial facts. By extension, this court declines to sua sponte strike the corrected statement of additional facts because it is not concise and/or includes immaterial facts. (Belpedio, Lisa) |
| Filing 209 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered re: #137 Motion to Strike #137 MOTION to Strike #130 Exhibit Affidavit of Richard P. Taylor. The motion seeks to strike portions of the statement of facts (Docket Entry # 120-1) and affidavit (Docket Entry # 123) filed by plaintiff Richard P. Taylor ("plaintiff") in support of his summary judgment motion (Docket Entry # 120) on the basis that they "contain legal conclusions, self-serving and conclusory assertions, and non-material facts, all of which are inappropriate for summary judgment." (Docket Entry # 137). Defendant Erik V. Grunigen ("defendant") moves to strike as immaterial (inter alia) paragraphs four, 16, and 41 of plaintiff's statement of facts and the corresponding paragraphs in plaintiff's affidavit (paragraphs five, 15, and 37). See (Docket Entry # 136, pp. 2, 5, 11, 4, 16, 41). In evaluating plaintiff's summary judgment motion (Docket Entry # 120), this court in its discretion declined to strike those facts from the record on the basis that they are immaterial.Defendant's motion also seeks to strike the first sentence of the first paragraph in plaintiff's statement of facts (along with the corresponding first sentence of the second paragraph in plaintiff's affidavit). (Docket Entry # 137). In defendant's response to plaintiff's statement of facts, however, he challenges the second sentence of the first paragraph in plaintiff's statement of facts (and the second paragraph in plaintiff's affidavit) on the basis that "there is no support in the record to support such statement and the sentence states a legal conclusion." (Docket Entry # 136, p. 2, 1). Based on a review of defendant's motion to strike (Docket Entry # 137) and his response to plaintiff's statement of facts (Docket Entry # 136), it appears that the correct sentence defendant seeks to strike is the second sentence of the first paragraph in plaintiff's statement of facts (and the second paragraph in plaintiff's affidavit). Because this court did not rely on that sentence in adjudicating plaintiff's summary judgment motion, defendant's request to strike that sentence is moot.Similarly, with respect to the remaining portions of plaintiff's affidavit and statement of facts that defendant challenges, defendant's motion to strike is moot because this court did not rely on those portions of the record. (Belpedio, Lisa) |
| Filing 208 Magistrate Judge Marianne B. Bowler: MEMORANDUM AND ORDER entered granting in part and denying in part #115 Motion for Summary Judgment; denying #120 Motion for Summary Judgment (Belpedio, Lisa) |
| Filing 207 Magistrate Judge Marianne B. Bowler: MEMORANDUM AND ORDER entered granting in part and denying in part #36 MOTION for Judgment on the Pleadings and to Stay Discovery filed by Erik Grunigen. (Belpedio, Lisa) |
| Filing 206 Magistrate Judge Marianne B. Bowler: ELECTRONIC MEMORANDUM AND ORDER entered granting #194 Motion for Leave to File Corrected Pleadings ; 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. (Belpedio, Lisa) |
| Filing 205 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered denying #203 Motion for Leave to File Document. See L.R. 7.1(b)(3). Defendant Erik V. Grunigen's request for fees and costs to oppose the motion (Docket Entry # 204) is DENIED. (Bowler, Marianne) |
| Filing 204 MEMORANDUM in Opposition re #203 MOTION for Leave to File Reply To Defendant's Opposition to Plaintiff's Motion for Leave to File Corrected Summary Judgment Pleadings filed by Erik Grunigen. (Roos, Sigmund) |
| Filing 203 MOTION for Leave to File Reply To Defendant's Opposition to Plaintiff's Motion for Leave to File Corrected Summary Judgment Pleadings by Richard Taylor. (Attachments: #1 Affidavit, #2 Affidavit, #3 Memorandum)(Straus, Lindsey) |
| Filing 202 Opposition re #198 MOTION for Leave to File Corrected Summary Judgment Pleadings filed by Erik Grunigen. (Attachments: #1 Affidavit of Sigmund Roos in Support)(Roos, Sigmund) |
| Filing 201 AFFIDAVIT in Opposition re #184 MOTION to Strike #147 Response to Motion, #148 Memorandum in Opposition to Motion , #194 MOTION for Leave to File Corrected Summary Judgment Pleadings filed by Richard Taylor. (Straus, Lindsey) |
| Filing 200 AFFIDAVIT of Richard P. Taylor in Opposition re #182 MOTION to Strike #147 Response to Motion, #148 Memorandum in Opposition to Motion , #198 MOTION for Leave to File Corrected Summary Judgment Pleadings filed by Richard Taylor. (Straus, Lindsey) |
| Filing 199 MEMORANDUM in Opposition re #182 MOTION to Strike #147 Response to Motion, #148 Memorandum in Opposition to Motion filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Straus, Lindsey) |
| Filing 198 MOTION for Leave to File Corrected Summary Judgment Pleadings by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Straus, Lindsey) |
| Filing 197 MOTION for Leave to File Corrected Summary Judgment Pleadings by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Straus, Lindsey) |
| Filing 196 MOTION for Leave to File Corrected Summary Judgment Pleadings by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit)(Straus, Lindsey) |
| Filing 195 MOTION for Leave to File Corrected Summary Judgment Pleadings by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Straus, Lindsey) |
| Filing 194 MOTION for Leave to File Corrected Summary Judgment Pleadings by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Straus, Lindsey) |
| Filing 193 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered. With briefing complete on the pending summary judgment motions (Docket Entry # 115, 120), including the expiration of the time to file a reply brief to defendant Erik Grunigens opposition (Docket Entry # 135), see L.R. 56.1, THERE SHALL BE NO FURTHER BRIEFING ON EITHER MOTION (Docket Entry # 115, 120). Briefing is also complete on: (1) a motion to strike (Docket Entry # 137) inasmuch as plaintiff Richard Taylor filed an opposition (Docket Entry # 176); and (2) a motion for leave to file a second amended complaint (Docket Entry # 178) inasmuch as defendant Erik Grunigen filed an opposition (Docket Entry # 180). Here again, there shall be no further briefing on either motion (Docket Entry # 137, 178).(Belpedio, Lisa) |
| Filing 192 REPLY to Response to #115 MOTION for Summary Judgment filed by Erik Grunigen. (Roos, Sigmund) |
| Filing 191 EXHIBIT re #118 Affidavit in Support of Motion Exhibit C, As Redacted by Erik Grunigen. (Roos, Sigmund) |
| Filing 190 EXHIBIT re #118 Affidavit in Support of Motion Exhibit B, as Redacted by Erik Grunigen. (Roos, Sigmund) |
| Filing 189 Magistrate Judge Marianne B. Bowler: MEMORANDUM AND ORDER entered granting in part and denying in part #138 Motion to Seal Document #138 MOTION to Seal Document. (Belpedio, Lisa) |
| Filing 188 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered STRIKING #185 Affidavit in Opposition to Motion filed by Richard Taylor. On January 28, 2021, plaintiff Richard P. Taylor ("plaintiff") filed an opposition to a summary judgment motion (Docket Entry # 115) filed by defendant Erik V. Grunigen on November 23, 2021. (Docket Entry # 148). In conjunction with the filing, plaintiff filed, as the affiant, a 33-page affidavit. (Docket Entry # 149). Previously, plaintiff filed four motions to extend the time period to file the opposition (Docket Entry # 133, 141, 143, 145), which this court allowed (Docket Entry # 134, 142, 144, 146). In allowing the third extension, this court stated "[n]o further extensions to be granted," and, in allowing the fourth extension, this court emphasized "ABSOLUTELY NO FURTHER EXTENSIONS TO BE GRANTED IN THIS CASE." (Docket Entry # 144, 146). Four days after filing the opposition and the aforementioned affidavit, plaintiff unilaterally filed a "corrected" affidavit. (Docket Entry # 185). In violation of L.R. 7.1(b), plaintiff did not seek leave of court to file this untimely affidavit, see L.R. 7.1(b)(1) (affidavits "shall be filed with the motion"), which is an "additional paper[]" within the meaning of L.R. 7.1(b)(3). As such, the affidavit (Docket Entry # 185) is stricken from the record. See L.R. 1.3;Reyes-Perez v. State Ins. Fund Corp., 755 F.3d 49, 53 (1st Cir.2014) ("[d]istrict courts have broad latitude to enforce local rules").(Belpedio, Lisa) |
| Filing 187 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered. This memorandum (Docket Entry #182 ) in support of a motion to strike (Docket Entry #184 ) is incorrectly identified on the docket as a motion to strike. As such, it is corrected and restyled as a supporting memorandum linked to the pending motion to strike (Docket Entry #184 ). (Belpedio, Lisa) |
| Filing 186 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered. This memorandum (Docket Entry #121 ) in support of a motion for summary judgment (Docket Entry #120 ) is incorrectly identified on the docket as a motion for summary judgment. As such, it is corrected and restyled as a supporting memorandum linked to the pending motion for summary judgment (Docket Entry # {120}). (Belpedio, Lisa) |
| Filing 185 AFFIDAVIT of Richard P. Taylor (Corrected) in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit)(Straus, Lindsey) |
| Filing 184 MOTION to Strike #147 Response to Motion, #148 Memorandum in Opposition to Motion by Erik Grunigen.(Roos, Sigmund) |
| Filing 183 MEMORANDUM in Support re #182 MOTION to Strike #147 Response to Motion, #148 Memorandum in Opposition to Motion filed by Erik Grunigen. (Roos, Sigmund) |
| Filing 182 MOTION to Strike #147 Response to Motion, #148 Memorandum in Opposition to Motion by Erik Grunigen.(Roos, Sigmund) |
| Filing 181 AFFIDAVIT of Richard Taylor in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 180 Opposition re #178 Second MOTION to Amend Complaint filed by Erik Grunigen. (Roos, Sigmund) |
| Filing 179 MEMORANDUM in Support re #178 Second MOTION to Amend Complaint filed by Richard Taylor. (Straus, Lindsey) |
| Filing 178 Second MOTION to Amend Complaint by Richard Taylor. (Attachments: #1 Supplement, #2 Exhibit)(Straus, Lindsey) |
| Filing 177 MEMORANDUM in Opposition re #138 MOTION to Seal Document filed by Richard Taylor. (Straus, Lindsey) |
| Filing 176 MEMORANDUM in Opposition re #137 MOTION to Strike #130 Exhibit Affidavit of Richard P. Taylor filed by Richard Taylor. (Straus, Lindsey) |
| Filing 175 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit)(Straus, Lindsey) |
| Filing 174 AFFIDAVIT of Sarah Robeson in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 173 AFFIDAVIT of Sarah Robeson in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Straus, Lindsey) |
| Filing 172 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 171 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 170 AFFIDAVIT of Terence Orton in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 169 AFFIDAVIT of Ronald Tesmer in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 168 AFFIDAVIT of Ronald Tesmer in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 167 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 166 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 165 AFFIDAVIT in Opposition re #120 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 164 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Affidavit)(Straus, Lindsey) |
| Filing 163 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 162 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 161 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 160 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 159 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 158 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 157 AFFIDAVIT in Opposition re #120 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 156 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 155 AFFIDAVIT in Opposition re #120 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 154 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 153 AFFIDAVIT in Opposition re #120 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 152 AFFIDAVIT in Opposition re #120 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 151 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 150 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 149 AFFIDAVIT in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit)(Straus, Lindsey) |
| Filing 148 MEMORANDUM in Opposition re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 147 RESPONSE to Motion re #115 MOTION for Summary Judgment filed by Richard Taylor. (Straus, Lindsey) |
| Filing 146 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #145 Motion for Extension of Time. ABSOLUTELY NO FURTHER EXTENSIONS TO BE GRANTED IN THIS CASE. (Bowler, Marianne) |
| Filing 145 Assented to MOTION for Extension of Time to 01/28/2022 to File Oppositions to Pending Motions for Summary Judgment, To Strike, and To Seal by Richard Taylor. (Attachments: #1 Affidavit)(Straus, Lindsey) |
| Filing 144 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #143 Motion for Extension of Time to File Response/Reply. No further extensions to be granted. (Bowler, Marianne) |
| Filing 143 Assented to MOTION for Extension of Time to 01/14/2022 to File Response/Reply as to 142 Order on Motion for Extension of Time, 140 Order on Motion for Extension of Time, #137 MOTION to Strike #130 Exhibit Affidavit of Richard P. Taylor, #115 MOTION for Summary Judgment, #138 MOTION to Seal Document by Richard Taylor. (Attachments: #1 Affidavit)(Straus, Lindsey) |
| Filing 142 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #141 Motion for Extension of Time. (Bowler, Marianne) |
| Filing 141 Assented to MOTION for Extension of Time to 01/07/2022 to File Plaintiff and Defendant-in-Counterclaim's Opposition to Defendant and Plaintiff-in-Counterclaim's Motion for Summary Judgment by Richard Taylor. (Attachments: #1 Affidavit)(Straus, Lindsey) |
| Filing 140 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #139 Motion for Extension of Time. (Bowler, Marianne) |
| Filing 139 Assented to MOTION for Extension of Time to 01/07/2022 to File Oppositions to Defendant's Motion to Strike and To Seal by Richard Taylor.(Straus, Lindsey) |
| Filing 138 MOTION to Seal and Declaration of Counsel by Erik Grunigen.(Belpedio, Lisa) |
| Filing 137 MOTION to Strike #130 Exhibit Affidavit of Richard P. Taylor by Erik Grunigen. (Attachments: #1 Memorandum)(Roos, Sigmund) |
| Filing 136 RESPONSE to Motion re #120 MOTION for Summary Judgment Statement of Material Facts filed by Erik Grunigen. (Roos, Sigmund) |
| Filing 135 Opposition re #120 MOTION for Summary Judgment filed by Erik Grunigen. (Attachments: #1 Affidavit Second Affidavit of Erik Grunigen)(Roos, Sigmund) |
| Filing 134 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #133 Motion for Extension of Time. (Bowler, Marianne) |
| Filing 133 Assented to MOTION for Extension of Time to 12/31/2021 to File Plaintiff's Opposition to Defendant's Motion for Summary Judgment by Richard Taylor.(Straus, Lindsey) |
| Filing 132 EXHIBIT re #123 Affidavit in Support of Motion, for Partial Summary Judgment by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Straus, Lindsey) |
| Filing 131 EXHIBIT re #123 Affidavit in Support of Motion, for Partial Summary Judgment by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Straus, Lindsey) |
| Filing 130 EXHIBIT re #122 Affidavit in Support of Motion for Partial Summary Judgment by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Straus, Lindsey) |
| Filing 129 EXHIBIT re #127 Exhibit by Richard Taylor. (Straus, Lindsey) |
| Filing 128 MEMORANDUM OF LAW by Richard Taylor to #120 MOTION for Summary Judgment . (Straus, Lindsey) |
| Filing 127 EXHIBIT re #126 Affidavit in Support of Motion for Summary Judgment by Richard Taylor. (Straus, Lindsey) |
| Filing 126 AFFIDAVIT in Support re #120 MOTION for Summary Judgment . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Straus, Lindsey) |
| Filing 125 EXHIBIT re #124 Exhibit by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Straus, Lindsey) |
| Filing 124 EXHIBIT re #123 Affidavit in Support of Motion, by Richard Taylor. (Straus, Lindsey) |
| Filing 123 AFFIDAVIT in Support re #121 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Straus, Lindsey) |
| Filing 122 AFFIDAVIT of Plaintiff in Support re #121 MOTION for Summary Judgment filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Supplement, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Straus, Lindsey) |
| Filing 121 MOTION for Summary Judgment by Richard Taylor.(Straus, Lindsey) |
| Filing 120 MOTION for Summary Judgment by Richard Taylor. (Attachments: #1 Statement of Undisputed Facts)(Straus, Lindsey) |
| Filing 119 AFFIDAVIT of Erik V. Grunigen in Support re #115 MOTION for Summary Judgment filed by Erik Grunigen. (Currie, Haley) |
| Filing 118 AFFIDAVIT of Sigmund J. Roos in Support re #115 MOTION for Summary Judgment filed by Erik Grunigen. (Currie, Haley) |
| Filing 117 Statement of Undisputed Material Facts L.R. 56.1 re #115 MOTION for Summary Judgment filed by Erik Grunigen. (Currie, Haley) |
| Filing 116 MEMORANDUM in Support re #115 MOTION for Summary Judgment filed by Erik Grunigen. (Attachments: #1 Redacted Exhibits A-C)(Currie, Haley) |
| Filing 115 MOTION for Summary Judgment by Erik Grunigen.(Currie, Haley) |
| Filing 114 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #113 Motion for Extension of Time. No further extensions to be granted. (Bowler, Marianne) |
| Filing 113 Assented to MOTION for Extension of Time to 11/5/21 and 11/24/21 to Complete expert discovery and file motions for summary judgment by Richard Taylor. (Attachments: #1 Affidavit)(Straus, Lindsey) |
| Filing 112 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Motion Hearing held on 9/8/2021 re #102 MOTION to Compel filed by Erik Grunigen. Case called, counsel appear by telephone, counsel argue motion, motion ruled on for reasons as stated on the record, electronic order to issue. Summary Judgment motion deadline extended for 30 days. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Straus, Roos) (Belpedio, Lisa) |
| Filing 111 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting in part and denying in part #102 Motion to Compel after hearing. The motion is ALLOWED to the extent that the information sought shall be produced for the time period between 2014 and the filing of the lawsuit in 2019. That portion of the motion seeking attorney's fees and costs is DENIED WITHOUT PREJUDICE to be be renewed at the end of the case. (Bowler, Marianne) |
| Filing 110 ELECTRONIC NOTICE Setting Hearing on Motion #102 MOTION to Compel : Motion Hearing set for 9/8/2021 11:00 AM in Remote Proceeding : Boston before Magistrate Judge Marianne B. Bowler. 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.(Belpedio, Lisa) |
| Filing 109 REPLY to Response to #102 MOTION to Compel filed by Erik Grunigen. (Roos, Sigmund) |
| Filing 108 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #107 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) |
| Filing 107 MOTION for Leave to File Reply to Opposition by Erik Grunigen.(Roos, Sigmund) |
| Filing 106 Opposition re #102 MOTION to Compel filed by Richard Taylor. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Affidavit)(Straus, Lindsey) |
| Filing 105 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #103 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) |
| Filing 104 MEMORANDUM in Support re #102 MOTION to Compel filed by Erik Grunigen. (Roos, Sigmund) |
| Filing 103 MOTION for Leave to File Memorandum Under Seal by Erik Grunigen.(Roos, Sigmund) Modified on 8/16/2021 (Belpedio, Lisa). |
| Filing 102 MOTION to Compel by Erik Grunigen.(Roos, Sigmund) |
| Filing 101 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #100 Motion to Continue. No further extensions to be granted. (Bowler, Marianne) |
| Filing 100 Joint MOTION to Continue Deadline for Expert Witness Depositions to 08/20/2021 by Richard Taylor.(Straus, Lindsey) |
| Filing 98 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered re: Motion for Judgment on the Pleadings and to Stay Discovery by Erik Grunigen. (Docket Entry #36 ).As stated in open court on May 27, 2021, defendant Erik V. Grunigen's two-part motion seeking both a judgment on the pleadings and a stay of discovery (Docket Entry #36 ) is DENIED as to the request to stay discovery. The motion for judgment on the pleadings remains pending before this court. Defendant Erik V. Grunigen ("defendant") seeks a stay of discovery pending "further order of this Court" and a resolution of the motion for judgment on the pleadings. (Docket Entry #36 , ¶¶ 6-7). By way of explanation, this court "has broad discretion to stay discovery pending resolution of a motion to dismiss." Dicenzo v. Mass. Dept of Corr., Case No. 3:15-cv-30152-MGM, 2016 WL 158505, at *1 (D. Mass. Jan. 13, 2016). Nevertheless, "stays cannot be cavalierly dispensed: there must be good cause for their issuance; they must be reasonable in duration; and the court must ensure that competing equities are weighed and balanced." Marquis v. Fed. Deposit Ins. Corp., 965 F.2d 1148, 1155 (1st Cir. 1992); accord Hillside Plastics, Inc. v. Dominion & Grimm U.S.A., Inc., Civil Action No. 3:17-cv-30037-MAP, 2018 WL 3727365, at *2 (D. Mass. Aug. 6, 2018) (quoting Marquis, 965 F.2d at 1155). Here, plaintiff Richard P. Taylor more than adequately refutes any good cause by explaining in an affidavit that a stay will unnecessarily delay resolution of claims in the first amended complaint seeking production of corporate records and corporate tax filings, which he needs to file correct tax returns and avoid exposure to penalties and interest. (Docket Entry # 40-1) (Docket Entry #28 , pp. 42-43, 45-46, 52, ¶¶ 156-160, 173-180). Defendant's argument to stay discovery to avoid "time consuming" and "expensive" deposition practice (Docket Entry #36 , 7) is insufficient to justify a stay of discovery. See also Lugo v. Alvarado, 819 F.2d 5, 7 (1st Cir. 1987) (affirming lower court's denial of motion to stay discovery pending resolution of qualified immunity and noting movant's "acquiescence to the discovery schedule established by the district court"). (Patton, Christine) |
| Filing 97 REPORT of Alternative Dispute Resolution Provider: Magistrate Judge Jennifer C. Boal reports that this case did not settle. This case should be restored to your trial list. Should the parties wish to resume mediation efforts in the future, they should contact the Deputy Clerk, Steve York. (York, Steve) |
| Filing 95 ELECTRONIC NOTICE OF RESCHEDULING. Considering 5/24/2021 ADR Hearing, 5/12/2021 Status Conference, should it be needed, reset for 5/27/2021 02:30 PM 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) |
| Filing 94 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. Alternative Dispute Resolution Hearing set for 5/24/2021 10:00 AM in Remote Proceeding : Boston before Magistrate Judge Jennifer C. Boal. (Belpedio, Lisa) |
| Filing 91 ELECTRONIC NOTICE OF RESCHEDULING. Should it be needed, Status Conference reset for 5/12/2021 02:15 PM 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) |
| Filing 90 ELECTRONIC NOTICE of Hearing. A Further Alternative Dispute Resolution Hearing is set for May 10, 2021 at 10:00 a.m. by Remote Proceeding at Boston before Magistrate Judge Jennifer C. Boal. The parties shall submit a status report by May 5, 2021. (York, Steve) |
| Filing 89 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Status Conference held on 4/20/2021. The Court held a status conference with counsel regarding continued mediation of this case. The Court will schedule a further session for May 10, 2021 at 10:00 a.m.. The parties shall submit a status report by May 5, 2021. (Court Reporter: No Court Reporter Used.)(Attorneys present: Straus for plaintiff; Roos for defendant;) (York, Steve) |
| Filing 88 Magistrate Judge Jennifer C. Boal: ORDER entered granting #87 Motion for Order to order transcript. Because the requested transcript pertains to a mediation hearing, the transcript should be sealed and only made available to the parties. (York, Steve) |
| Filing 87 MOTION for Order to order transcript by Erik Grunigen.(Roos, Sigmund) |
| Filing 86 STIPULATION of Dismissal of Count VIII of First Amended Complaint by Richard Taylor. (Straus, Lindsey) |
| Filing 85 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered. The parties have reported continued progress towards settlement. They shall submit a further status report no later than April 16, 2021. If they have not resolved the remaining issues by then, counsel only shall participate in a status conference on Tuesday April 20 at 10:00 a.m. before Magistrate Judge Jennifer C. Boal. The clerk will provide the relative information for this hearing to all parties at the email registered in CM/ECF, prior to the upcoming conference. (York, Steve) |
| Filing 84 ELECTRONIC NOTICE OF RESCHEDULING. Status Conference reset for 4/28/2021 02:00 PM 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) |
| Filing 83 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #82 Motion to Continue. The status conference is continued until April 28, 2021 at 2:00 PM. (Bowler, Marianne) |
| Filing 82 Joint MOTION to Continue Status Conference to 04/20/2021 by Richard Taylor.(Straus, Lindsey) |
| Filing 81 ELECTRONIC NOTICE OF RESCHEDULING Status Conference reset for 3/30/2021 02:15 PM 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) |
| Filing 80 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #79 Motion to Continue. The status conference is continued until March 30, 20121 at 2:15 PM. (Bowler, Marianne) |
| Filing 79 Joint MOTION to Continue Status Conference to 04/08/2021 by Richard Taylor.(Straus, Lindsey) |
| Filing 78 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER ENTERED. The parties have reported that they have continued to make progress on their settlement efforts. The parties shall submit a further status report no later than March 26, 2021. (York, Steve) |
| Filing 77 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 3/18/2021 02:15 PM 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) |
| Filing 76 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #75 Motion to Continue. The status conference is continued until March 18, 2021 at 2:15 PM. (Bowler, Marianne) |
| Filing 75 Joint MOTION to Continue Status Conference to 03/13/2021 by Richard Taylor.(Straus, Lindsey) |
| Filing 74 REPORT of Alternative Dispute Resolution Provider: Magistrate Judge Jennifer C. Boal reports this case did not settle but progress was made. The parties shall file a Status Report by March 12, 2021 detailing what progress was made on the outstanding issues. (York, Steve) |
| Filing 72 ELECTRONIC NOTICE OF RESCHEDULING. The Alternative Dispute Resolution Hearing is rescheduled to February 11, 2021 at 10:00 a.m. Boston before Magistrate Judge Jennifer C. Boal. The Mediation 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. It shall be understood (a) that all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) that the entire mediation process, including all communications during any in-person, video or audio part thereof, is confidential, (c) that all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) that no party, participant, or representative shall seek in any proceeding to hereafter compel the mediator to testify and/or produce any document with respect to the mediation, and (e) that all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process.(York, Steve) |
| Filing 71 ELECTRONIC NOTICE OF RESCHEDULING. Status Conference reset for 2/17/2021 02:15 PM 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) |
| Filing 70 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #69 Motion to Continue. The court will conduct a status conference on February 17, 2021 at 2:15 PM. (Bowler, Marianne) |
| Filing 69 Joint MOTION to Continue Status Conference to after February 12, 2021 by Erik Grunigen.(Roos, Sigmund) |
| Filing 68 ELECTRONIC NOTICE of Hearing. A further Alternative Dispute Resolution is Hearing set for February 12, 2021 at 10:00 a.m. by Remote Proceeding at Boston before Magistrate Judge Jennifer C. Boal. A status report is due by February 10, 2021. The Mediation 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. (York, Steve) |
| Filing 67 REPORT of Alternative Dispute Resolution Provider. Magistrate Judge Jennifer C. Boal reports this case did not settle but progress was made. A further session to be scheduled for February 12, 2021. The parties shall file a status report by February 10, 2021. (York, Steve) |
| Filing 65 ELECTRONIC NOTICE of Hearing. A further Alternative Dispute Resolution Hearing is set for January 11, 2021 at 10:30 a.m. by Remote Proceeding at Boston before Magistrate Judge Jennifer C. Boal. A status report shall be submitted by January 7, 2021. The Mediation 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. (York, Steve) |
| Filing 64 REPORT of Alternative Dispute Resolution Provider: Magistrate Judge Jennifer C. Boal reports this case did not settle but progress was made. A further session to be scheduled for January 11, 2021 at 10:30 a.m.. The parties shall submit a status report, by January 7, 2021. (York, Steve) |
| Filing 62 ELECTRONIC NOTICE OF RESCHEDULING. Status Conference reset for 1/14/2021 02:00 PM 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) |
| Filing 61 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #60 Motion for Modification. The court will conduct a status conference on January 14, 2020 at 2:00 PM if the case does not settle before that date. (Bowler, Marianne) |
| Filing 60 Joint MOTION to Modify Scheduling Order By Postponing Case Management Conference by Richard Taylor.(Straus, Lindsey) |
| Filing 59 ELECTRONIC NOTICE of Hearing. A further Alternative Dispute Resolution Hearing is set for December 18, 2020 at 10:00 a.m. by Remote Proceeding at Boston before Magistrate Judge Jennifer C. Boal. The Mediation 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. It shall be understood (a) that all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) that the entire mediation process, including all communications during any in-person, video or audio part thereof, is confidential, (c) that all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) that no party, participant, or representative shall seek in any proceeding to hereafter compel the mediator to testify and/or produce any document with respect to the mediation, and (e) that all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process.(York, Steve) |
| Filing 58 REPORT of Alternative Dispute Resolution Provider: Magistrate Judge Jennifer C. Boal reports this case did not settle, progress was made and the matter has been suspended to allow attorney Sigmund Roos to evaluate if he will have a conflict moving forward with the mediation. A further session is scheduled for December 18, 2020 at 10:00 a.m.. (York, Steve) |
| Filing 56 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Telephone Conference held on 11/17/2020. This hearing was held remotely by phone. The Court reviewed preliminary matters with the parties prior to the upcoming mediation. (Court Reporter: James Gibbons at jamesgibbonsrpr@gmail.com.) The transcript of this hearing will be kept sealed. To gain access to this transcript, the parties should first seek leave of the Court by filing a motion. (Attorneys present: Straus for plaintiff; Roos for defendant;) (York, Steve) |
| Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #55 Motion for Modification. (Bowler, Marianne) |
| Filing 55 Assented to MOTION to Modify Scheduling Order by Richard Taylor. (Attachments: #1 Memorandum, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Straus, Lindsey) |
| Filing 54 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference held on 10/14/2020. No discovery extensions at this time. Should mediation prove unsuccessful, discovery deadlines will be addressed at subsequent conference. (Status Conference set for 12/2/2020 02:30 PM 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). (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Straus, Roos) (Putnam, Harold) |
| Filing 53 NOTICE Regarding 10/14/2020 Status Conference. 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) |
| Filing 52 ELECTRONIC NOTICE OF RESCHEDULING. The Alternative Dispute Resolution Hearing has been rescheduled for November 20, 2020 at 10:00 a.m. by Remote Proceeding at Boston before Magistrate Judge Jennifer C. Boal. Counsel and principals are directed to be present and have full settlement authority. Each party must submit a brief (no more than 5 pages) mediation memorandum that includes a discussion of (1) the merits of the case (both strengths and weaknesses); (2) damages or other relief sought by the parties; (3) the status of discovery; and (4) the status of the parties' settlement discussions. The memoranda should be submitted BY E-MAIL to (steve_york@mad.uscourts.gov no later than five (5) business days prior to the mediation and marked "Confidential - Not for Docketing." In the event that any party believes that the case is not ripe for mediation, or the date poses a serious conflict, counsel are to notify opposing counsel and call the deputy clerk at 617-748-9238 as soon as possible. Prior to the mediation, there will be a Telephone Conference set for November 17, 2020 at 11:30 a.m. by Remote Proceeding at Boston before Magistrate Judge Jennifer C. Boal. The clerk will provide the call-in information for the phone conference to all parties by email, one day prior to the upcoming telephone conference. The Mediation 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. (York, Steve) |
| Filing 51 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #50 Assented to Motion to Continue Alternate Dispute Resolution Hearing. (York, Steve) |
| Filing 50 Assented to MOTION to Continue Alternate Dispute Resolution Hearing to 11/13/2020 by Richard Taylor. (Attachments: #1 Affidavit)(Straus, Lindsey) |
| Filing 49 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #48 Motion to Continue Alternative Dispute Resolution Hearing. The Alternative Dispute Resolution Hearing is rescheduled October 30, 2020 at 10:00 a.m. by Remote Proceeding at Boston before Magistrate Judge Jennifer C. Boal.Counsel and principals are directed to be present and have full settlement authority. Each party must submit a brief (no more than 5 pages) mediation memorandum that includes a discussion of (1) the merits of the case (both strengths and weaknesses); (2) damages or other relief sought by the parties; (3) the status of discovery; and (4) the status of the parties' settlement discussions. The memoranda should be submitted BY E-MAIL to (steve_york@mad.uscourts.gov no later than five (5) business days prior to the mediation and marked "Confidential - Not for Docketing." In the event that any party believes that the case is not ripe for mediation, or the date poses a serious conflict, counsel are to notify opposing counsel and call the deputy clerk at 617-748-9238 as soon as possible. Prior to the mediation, there will be a Telephone Conference set for October 27, 2020 at 11:30 a.m. by Remote Proceeding at Boston before Magistrate Judge Jennifer C. Boal. The clerk will provide the call-in information for the phone conference to all parties by email, one day prior to the upcoming telephone conference. The Mediation 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. (York, Steve) |
| Filing 48 MOTION to Continue Alternative Dispute Resolution Hearing to 11/09/20 by Richard Taylor. (Attachments: #1 Affidavit)(Straus, Lindsey) |
| Filing 47 Magistrate Judge Marianne B. Bowler: Defendant having indicated no intention to oppose the motion, ELECTRONIC ORDER entered granting #44 Motion for Modification of Scheduling Order. (Putnam, Harold) |
| Filing 44 MOTION to Modify Scheduling Order by Richard Taylor. (Attachments: #1 Memorandum In Support of Motion to Modify Scheduling Order, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Straus, Lindsey) |
| Filing 43 REPLY to Response to #36 MOTION for Judgment on the Pleadings and to Stay Discovery filed by Erik Grunigen. (Roos, Sigmund) |
| Filing 42 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #41 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) |
| Filing 41 MOTION for Leave to File Reply Brief by Erik Grunigen. (Attachments: #1 Supplement Memorandum in Support)(Roos, Sigmund) |
| Filing 40 MEMORANDUM in Opposition re #36 MOTION for Judgment on the Pleadings and to Stay Discovery filed by Richard Taylor. (Attachments: #1 Affidavit)(Straus, Lindsey) |
| Filing 39 ELECTRONIC NOTICE of Hearing. The Alternative Dispute Resolution Hearing is set for October 8, 2020 at 10:00 a.m. before Magistrate Judge Jennifer C. Boal. Counsel and principals are directed to be present and have full settlement authority. Each party must submit a brief (no more than 5 pages) mediation memorandum that includes a discussion of (1) the merits of the case (both strengths and weaknesses); (2) damages or other relief sought by the parties; (3) the status of discovery; and (4) the status of the parties' settlement discussions. The memoranda should be submitted BY E-MAIL to (steve_york@mad.uscourts.gov no later than five (5) business days prior to the mediation and marked "Confidential - Not for Docketing." In the event that any party believes that the case is not ripe for mediation, or the date poses a serious conflict, counsel are to notify opposing counsel and call the deputy clerk at 617-748-9238 as soon as possible. Prior to the mediation, there will be a Telephone Conference set for October 5, 2020 at 11:30 a.m. before Magistrate Judge Jennifer C. Boal. The clerk will provide the call-in information for the phone conference to all parties by email, one day prior to the upcoming telephone conference. The Mediation 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. (York, Steve) |
| Filing 38 Notice of assignment to ADR Provider. Judge Jennifer C. Boal appointed.(Belpedio, Lisa) |
| Filing 37 AFFIDAVIT in Support re #36 MOTION for Judgment on the Pleadings and to Stay Discovery . (Roos, Sigmund) |
| Filing 36 MOTION for Judgment on the Pleadings and to Stay Discovery by Erik Grunigen. (Attachments: #1 Supplement Memorandum in Support)(Roos, Sigmund) |
Filing 35
ORDER REFERRING CASE to Alternative Dispute Resolution.(Putnam, Harold)
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| Filing 34 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Status Conference held on 7/23/2020. Court sets the following schedule: plaintiff to identify experts by 10/30/2020, defendant to identify experts by 11/30/2020, all expert discovery to be completed by 1/15/2021, dispositive motions to be filed by 2/15/2021. Plaintiff notes that it does not anticipate further amendments. Further date set. Matter to be referred to mediation. (Status Conference set for 10/14/2020 02:30 PM before Magistrate Judge Marianne B. Bowler.). (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Straus, Roos) (Putnam, Harold) |
| Filing 33 NOTICE Regarding 7/23/2020 Status Conference. 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) |
| Filing 32 Magistrate Judge Marianne B. Bowler: ORDER entered. PROTECTIVE ORDER(Putnam, Harold) |
| Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #31 Motion for Protective Order. (Bowler, Marianne) |
| Filing 31 Joint MOTION for Protective Order by Richard Taylor. (Attachments: #1 Text of Proposed Order)(Straus, Lindsey) |
| Filing 30 ANSWER to Counterclaim by Richard Taylor(Individually, as member of 1210 Fire Rock LLC, and as Partner of the Fire Rock Loop Partnership).(Straus, Lindsey) |
| Filing 29 Amended ANSWER to #28 Amended Complaint Affirmative Defenses, Amended COUNTERCLAIM against Richard Taylor by Erik Grunigen.(Roos, Sigmund) |
| Filing 28 AMENDED COMPLAINT against Erik Grunigen, filed by Richard Taylor.(Straus, Lindsey) |
| Filing 27 NOTICE by Richard Taylor re Pending Action (Straus, Lindsey) |
| Filing 26 AMENDED COMPLAINT against Erik Grunigen against Richard Taylor, filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit)(Straus, Lindsey) |
| Filing 25 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Motion Hearing held on 4/28/2020 re #20 MOTION for Leave to File First Amended Complaint filed by Richard Taylor. Case called, Counsel appear by telephone, Counsel argue motion, Motion to be granted, Status Conference held on 4/28/2020, Counsel to discuss mediation with their client and file a joint motion if in agreement, Fact Discovery is extended to September 30, 2020, Further Status Conference set for 7/23/2020 02:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Straus, Roos) (Belpedio, Lisa) |
| Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #20 Motion for Leave to File Document after hearing. 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) |
| Filing 24 REPLY to Response to #20 MOTION for Leave to File First Amended Complaint filed by Richard Taylor. (Attachments: #1 Exhibit, #2 Affidavit)(Straus, Lindsey) |
| Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #23 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) |
| Filing 23 Assented to MOTION for Leave to File Reply to Defendant's Memorandum In Opposition to Motion for Leave to File First Amended Complaint by Richard Taylor.(Straus, Lindsey) |
| Filing 22 Opposition re #20 MOTION for Leave to File First Amended Complaint filed by Erik Grunigen. (Roos, Sigmund) |
| Filing 21 MEMORANDUM in Support re #20 MOTION for Leave to File First Amended Complaint filed by Richard Taylor. (Straus, Lindsey) |
| Filing 20 MOTION for Leave to File First Amended Complaint by Richard Taylor. (Attachments: #1 Exhibit Proposed First Amended Complaint, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit)(Straus, Lindsey) |
| Filing 19 ANSWER to Counterclaim by Richard Taylor.(Straus, Lindsey) |
| Filing 18 Disclosure pursuant to Rule 26 by Erik Grunigen.(Roos, Sigmund) |
| Filing 17 ANSWER to #1 Complaint,, , COUNTERCLAIM against Richard Taylor by Erik Grunigen.(Roos, Sigmund) |
| Filing 16 CONSENT by all parties to Jurisdiction by US Magistrate Judge by Erik Grunigen, Richard Taylor. (Putnam, Harold) |
| Filing 15 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Scheduling Conference held on 1/22/2020. Parties file Consent to Proceed Before Magistrate Judge (signed and initialed by clerk on behalf of plaintiff). Plaintiff anticipates fewer than ten depositions and anticipates one to two experts. Defendant anticipates one or two depositions and does not anticipate any experts. All amendments to pleadings to be filed by 3/31/2020, all fact discovery to be completed by 7/31/2020. (Status Conference set for 4/28/2020 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: Straus (by phone), Roos) (Putnam, Harold) |
| Filing 14 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Putnam, Harold) |
| Filing 13 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #12 Motion to appear by telephone. (Putnam, Harold) |
| Filing 12 MOTION Allow plaintiff's counsel to appear by telephone at status conference by Richard Taylor.(Straus, Lindsey) |
| Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #11 Motion for Extension of Time to Answer and granting #11 Motion for Extension of Time to File Response/Reply. (Bowler, Marianne) |
| Filing 11 MOTION for Extension of Time to 01/24/2020 to File Answer , MOTION for Extension of Time to 01/24/2020 to File Response/Reply ( Responses due by 1/29/2020) by Erik Grunigen.(Roos, Sigmund) |
| Filing 10 NOTICE of Appearance by Sigmund J. Roos on behalf of Erik Grunigen (Roos, Sigmund) |
| Filing 9 ELECTRONIC NOTICE of Hearing. Should settlement not be consummated by 1/10/2019 as indicated in #8 Withdrawal of Motion, Status Conference set for 1/22/2020 02:00 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Putnam, Harold) |
| Filing 8 Withdrawal of motion: #7 MOTION for Entry of Default filed by Richard Taylor.. (Straus, Lindsey) |
| Filing 7 MOTION for Entry of Default by Richard Taylor. (Attachments: #1 Affidavit)(Straus, Lindsey) |
| Filing 6 AFFIDAVIT OF SERVICE Executed by Richard Taylor. Erik Grunigen served on 11/9/2019, answer due 12/2/2019. Acknowledgement filed by Richard Taylor. (Straus, Lindsey) |
| Filing 5 AFFIDAVIT OF SERVICE Executed by Richard Taylor. Erik Grunigen served on 10/15/2009, answer due 11/5/2009. Acknowledgement filed by Richard Taylor. (Straus, Lindsey) |
| Filing 4 SUMMONS Returned Executed Erik Grunigen served on 10/11/2009, answer due 11/1/2009. (Straus, Lindsey) |
| Filing 3 Summons Issued as to Erik Grunigen. 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. (Pacho, Arnold) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge Marianne B. Bowler assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 1 COMPLAINT against Erik V. Grunigen. Filing fee: $ 400, receipt number 0101-7876181 (Fee Status: Filing Fee paid), filed by Richard Taylor. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Straus, Lindsey) Modified on 9/13/2019 (Pacho, Arnold). Modified on 9/13/2019 to correct docket text (Pacho, Arnold). |
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