Oliveira et al v. Vecna Technologies, Inc.
| Bruno Oliveira, Jose Rivera and Alexander Nunez |
| Vecna Technologies, Inc. |
| Judge Jennifer C. Boal |
| 1:2020cv11365 |
| July 20, 2020 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Both |
Docket Report
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This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 43 STIPULATION of Dismissal by Vecna Technologies, Inc.. (O'Connor, Sean) |
| Filing 42 Judge Indira Talwani: ORDER entered. AMENDED SETTLEMENT ORDER OF DISMISSAL. (Kelly, Danielle) |
| Filing 41 Judge Indira Talwani: ELECTRONIC ORDER: granting Joint Motion to Amend the Settlement Order of Dismissal #40 . (Kelly, Danielle) |
| Filing 40 Joint MOTION to Amend #38 Settlement Order of Dismissal by Vecna Technologies, Inc..(O'Connor, Sean) |
| Filing 39 ELECTRONIC NOTICE Canceling Hearing: In light of the Settlement Order of Dismissal #38 , the Status Conference set for 7/26/2021 is canceled. (Kelly, Danielle) |
| Filing 38 Judge Indira Talwani: ORDER entered. 30 DAY SETTLEMENT ORDER OF DISMISSAL. Please see attached. (Kelly, Danielle) |
| Filing 37 REPORT of Alternative Dispute Resolution Provider: Magistrate Judge Jennifer C. Boal reports this case has settled. The clerk should enter a 30 day order of dismissal. (York, Steve) |
| Filing 35 Judge Indira Talwani: ELECTRONIC ORDER on Defendant's Motion to Disqualify Counsel #8 : "[D]isqualification... is a drastic measure which courts should hesitate to impose except when absolutely necessary." Adrion v. Knight, Civil Action 07-11277-RGS, 2008 WL 5111084, at *3 (D. Mass. Dec. 4, 2008) (citing Adoption of Erica, 426 Mass. 55, 58 (1997)). The court finds no present conflict between Plaintiffs that justifies disqualification. Also, Defendant has provided no support for its claim that its in-house attorney was providing legal advice when he spoke with Plaintiff Oliveira. Accordingly, Defendant has not made a sufficient showing that Plaintiff Oliveira was privy to communications protected by the attorney-client privilege. See Comm'r of Revenue v. Comcast Corp., 453 Mass. 293, 303 (2009). Accordingly, Defendant's Motion to Disqualify Counsel #8 is DENIED. Memorandum to follow. It is so ordered. (Kelly, Danielle) |
| Filing 34 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Telephone Conference held on 2/9/2021. The Court reviewed preliminary matters with the parties prior to the upcoming mediation. (Court Reporter: Robert Paschal at rwp.reporter@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: Hamdan & Schipani for the plaintiffs; O'Connor for the defendant;) (York, Steve) |
| Filing 33 ELECTRONIC NOTICE OF RESCHEDULING. The Alternative Dispute Resolution Hearing has been rescheduled to February 12, 2021 at 10:00 a.m. 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 February 9, 2021 at 12:00 p.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. 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 32 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #31 Joint Motion to Reschedule Mediation to February 12, 2021. (York, Steve) |
| Filing 31 Joint MOTION to Reschedule Mediation to February 12, 2021 by Vecna Technologies, Inc..(O'Connor, Sean) |
| Filing 30 NOTICE of Appearance by Alexis S. Hamdan on behalf of Alexander Nunez, Bruno Oliveira, Jose Rivera (Hamdan, Alexis) |
| Filing 29 First Amended ANSWER to #1 Complaint, by Vecna Technologies, Inc..(O'Connor, Sean) |
| Filing 28 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. Please see attached. (Kelly, Danielle) |
| Filing 27 ELECTRONIC NOTICE of Hearing. The Alternative Dispute Resolution Hearing is set for March 12, 2021 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 March 9, 2021 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. 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 26 Notice of assignment to ADR Provider. Judge Jennifer C. Boal appointed.(Belpedio, Lisa) |
| Filing 25 Judge Indira Talwani: ELECTRONIC ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution. Parties request Judge Boal to preside and that the mediation date be set no sooner than the end of February/beginning of March 2021. (MacDonald, Gail) |
| Filing 23 Judge Indira Talwani: ELECTRONIC ORDER denying Defendant's Partial Motion to Dismiss #5 to the extent that Defendant seeks dismissal pursuant to Fed. R. Civ. P. 12(b)(6) of Plaintiffs' disparate treatment discrimination claims. The factual allegations, taken as true, sufficiently demonstrate a plausible claim for relief. The Partial Motion to Dismiss #5 remains under advisement to the extent that Defendant seeks dismissal of Plaintiffs Alexander Nunez and Jose Rivera's Hostile Work Environment claims. (Kelly, Danielle) |
| Filing 24 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 11/2/2020: Case called. Court had colloquy with counsel. Case to be referred to ADR; parties request mediation date not sooner than the end of Feb./beginning of March 2021. #5 Motion to Dismiss and #8 Motion to Disqualify Counsel taken under advisement. Scheduling Order to follow. (Initial Disclosures due by 11/20/2020. Request for leave to file Amended Pleadings due by 12/4/2020. Discovery to be completed by 7/23/2021. Status Conference set for 7/26/2021 02:15 PM in Remote Proceeding: Boston before Judge Indira Talwani. Teleconference #: (888)-808-6929 access code: 8523158.) (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Gilbert J. Schipani, Alexis Hamdan (atty. admission renewal pending), Sean P. O'Connor) (MacDonald, Gail) |
| Filing 22 REPLY to Response to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Vecna Technologies, Inc.. (O'Connor, Sean) |
| Filing 21 CERTIFICATION pursuant to Local Rule 16.1 by Alexander Nunez, Bruno Oliveira, Jose Rivera.(Schipani, Gilbert) |
| Filing 20 CERTIFICATION pursuant to Local Rule 16.1 . (O'Connor, Sean) |
| Filing 19 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #17 Assented to Motion for Leave to File a Reply; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 18 JOINT STATEMENT re scheduling conference . (O'Connor, Sean) |
| Filing 17 Assented to MOTION for Leave to File a Reply by Vecna Technologies, Inc..(O'Connor, Sean) |
| Filing 16 MEMORANDUM in Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alexander Nunez, Bruno Oliveira, Jose Rivera. (Attachments: #1 Exhibit A)(Schipani, Gilbert) |
| Filing 15 Opposition re #8 MOTION to Disqualify Counsel filed by Alexander Nunez, Bruno Oliveira, Jose Rivera. (Attachments: #1 Affidavit Bruno Oliveira, #2 Affidavit Jose Rivera, #3 Affidavit Alexander Nunez)(Schipani, Gilbert) |
| Filing 14 NOTICE of Scheduling Conference. Telephonic Scheduling Conference set for 11/2/2020 02:15 PM before Judge Indira Talwani. Teleconference # 8888086929 access code: 8523158(MacDonald, Gail) |
| Filing 13 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #12 Motion for Extension of Time to File Response/Reply re #8 MOTION to Disqualify Counsel , #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by October 18, 2020. (Kelly, Danielle) |
| Filing 12 Assented to MOTION for Extension of Time to 10/18/20 to Respond by Alexander Nunez, Bruno Oliveira, Jose Rivera.(Schipani, Gilbert) Modified on 10/1/2020: Corrected event type (Kelly, Danielle). |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Vecna Technologies, Inc.. (O'Connor, Sean) |
| Filing 10 AFFIDAVIT of Marissa Picca in Support re #8 MOTION to Disqualify Counsel filed by Vecna Technologies, Inc.. (Attachments: #1 Exhibit A)(O'Connor, Sean) |
| Filing 9 MEMORANDUM in Support re #8 MOTION to Disqualify Counsel filed by Vecna Technologies, Inc.. (O'Connor, Sean) |
| Filing 8 MOTION to Disqualify Counsel by Vecna Technologies, Inc..(O'Connor, Sean) |
| Filing 7 ANSWER to #1 Complaint, by Vecna Technologies, Inc..(O'Connor, Sean) |
| Filing 6 MEMORANDUM in Support re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Vecna Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(O'Connor, Sean) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Vecna Technologies, Inc..(O'Connor, Sean) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Bruno Oliveira. All Defendants. (Schipani, Gilbert) |
| Filing 3 Summons Issued as to Vecna Technologies, Inc.. 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. (Currie, Haley) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 1 COMPLAINT Bruno Oliveria, Alexander Nunez and Jose Rivera against All Defendants Filing fee: $ 400, receipt number 0101-8337301 (Fee Status: Filing Fee paid), filed by Bruno Oliveira. (Attachments: #1 Civil Action Sheet, #2 Federal Complaint, #3 Category Form)(Schipani, Gilbert) (Main Document 1 replaced on 7/22/2020 for lack of attorney signature) (Currie, Haley). |
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