Arbogast v. Pfizer et al
| Brent A. Arbogast and Pro se Litigant Brent A. Arbogast |
| Pfizer, Sheehan, Phinney, Bass & Green, P.A., John J. Brack, Kerri Lewandowski, Leigh Cowdrick, Michael J. Lambert and Thomas M. Closson |
| 1:2022cv10156 |
| February 1, 2022 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 128 Judge Denise J. Casper: ELECTRONIC ORDER entered denying #124 Motion for Reconsideration re #111 Memorandum in Support of Motion filed by Brent A. Arbogast (Hourihan, Lisa) |
| Filing 127 USCA Case Number 23-1591 for #125 Notice of Appeal, filed by Brent A. Arbogast. (Paine, Matthew) |
| Filing 126 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #125 Amended Notice of Appeal. (Paine, Matthew) |
| Filing 125 AMENDED NOTICE OF APPEAL as to 120 ELECTRONIC ORDER, 121 ELECTRONIC ORDER, and 122 ELECTRONIC ORDER by Brent A. Arbogast NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 7/31/2023. (Arbogast, Brent) Modified on 7/13/2023 to adjust docket text and correctly link entries notice of appeal is for (Currie, Haley). |
| Filing 124 First MOTION for Reconsideration re #110 First MOTION to Disqualify Judge Casper by Brent A. Arbogast.(Arbogast, Brent) Modified on 7/11/2023 to adjust document/entry being reconsidered (Currie, Haley). |
| Filing 123 Supplemental Record on Appeal transmitted to US Court of Appeals re #113 Notice of Appeal, Documents included: ECF Nos. 119, 120, 121, 122 (Paine, Matthew) |
| Filing 122 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #110 Motion to Disqualify Judge Casper. Having considered Plaintiff Mr. Arbogast's motion for disqualification, D. 110-111, and Defendants' opposition to same, D. 112, the Court DENIES the motion. (Hourihan, Lisa) |
| Filing 121 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #104 Motion for Clarification filed by Brent A. Arbogast. Having considered Plaintiff's motion for clarification, D. 104, and Defendants' opposition to same, D. 109, the Court DENIES the motion. (Hourihan, Lisa) |
| Filing 120 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #90 Motion to Alter Judgment; #91 Motion to Alter Judgment; #93 Motion to Alter Judgment; #94 Motion to Alter Judgment; #97 Motion to Alter Judgment. This Court, after hearing oral argument, D. 65, and considering the filings by the parties, allowed Defendants motions to dismiss in a Memorandum and Order on February 9, 2023, D. 85. Since that time, Plaintiff Mr. Arbogast has filed multiple motions for relief from final judgment under Fed. R. Civ. P. 60. On March 4, 2023, he filed a motion for relief from judgment under Rule 60(b)(4) and (6). D. 90. Four days later, on March 8, 2023, he filed a motion for the same relief, citing Rule 60(d). D. 91-92. On the same day, March 8, 2023, Plaintiff filed a third such motion for relief for judgment, citing Rule 60(b). D. 93. Five days later, on March 13, 2023, Plaintiff filed a fourth motion for relief from judgment, again citing Rule 60(b). D. 94-95. Lastly, on the same day, March 13, 2023, Mr. Arbogast filed a fifth motion for relief from judgment, again citing Rule 60(b). D. 97. As the various of Defendants oppositions to these motions contend persuasively, D. 96, 99, 100, 101, 105 and 106, none of the grounds raised by Arbogast in his various motions warrant relief under Rule 60(b) where such relief... is extraordinary in nature and that motions invoking that rule should be granted sparingly, Rivera-Velazquez v. Hartford Steam Boiler Inspection and Ins. Co., 750 F.3d 1, 4 (1st Cir. 2014) (citation and internal quotation marks omitted) or Rule 60(d), Gillis v. Chase, 894 F.3d 1, 3 (1st Cir. 2018) (noting that Rule 60(d)(1) is not an affirmative grant of power; it merely underscores that Rule 60 does not limit a courts pre-existing power in equity to entertain an independent action... to remedy a grave miscarriage of justice and that Rule 60(d)(3)... requires interference with the judicial process itself) (internal citations omitted). Accordingly, D. 90, 91, 93, 94 and 97 are DENIED. (Hourihan, Lisa) Modified on 7/11/2023 (Hourihan, Lisa). |
| Filing 119 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #102 Motion for Leave to File Reply and #107 Motion for Leave to File Reply. Plaintiff's motions to file reply briefs are ALLOWED nunc pro tunc and the Court considered those reply briefs, D. 103, 108, in the resolution of Plaintiffs motions for relief from final judgment. (Hourihan, Lisa) |
Filing 118
ORDER of USCA as to #113 Notice of Appeal, filed by Brent A. Arbogast (Paine, Matthew)ORDER entered: This court has docketed plaintiff Brent Andrew Brackett Arbogast's notice of appeal from the order of dismissal entered on February 9, 2023 in No. 1:22-cv-10156-DJC (D. Mass.) as Appeal No. 23-1481. On March 4, 2023 plaintiff filed a motion for relief from judgment (D.E. No. 90) and on March 8, 2023 plaintiff filed two additional motions for relief from judgment (D.E. Nos. 91 and 93). Pursuant to Fed. R. App. P. 4(a)(4)(B)(i), the notice of appeal does not become effective until the district court disposes of the post-judgment motions. Therefore, appellant is directed to file a status report by July 21, 2023 and at thirty day intervals thereafter, informing this court of any action taken by the district court on the post-judgment motions. Further, the appellant is directed to inform this court whether or not the appellant intends to file a notice of appeal or amended notice of appeal from the district court's post-judgment order(s). See Fed. R. App. P. 4(a)(4)(B)(ii). Failure to comply with this order may lead to dismissal of this appeal for lack of diligent prosecution. 1st Cir. R. 3.0(b). Once the district court rules on the pending motions, it is directed to forward its decision to this court forthwith.
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| Filing 117 TRANSCRIPT ORDER FORM by Brent A. Arbogast for proceedings held on August 4, 2022 before Judge Denise J. Casper, re 115 USCA Case Number Transcript due by 6/21/2023. (Arbogast, Brent) |
| Filing 116 Filing fee/payment: $ 505.00, receipt number 100003551 for #113 Notice of Appeal, (Phillips, Sophie) |
| Filing 115 USCA Case Number 23-1481 for #113 Notice of Appeal, filed by Brent A. Arbogast. (Paine, Matthew) |
| Filing 114 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #113 Notice of Appeal. (Paine, Matthew) |
| Filing 113 NOTICE OF APPEAL re #85 MEMORANDUM AND ORDER, #87 ORDER OF DISMISSAL by Brent A. Arbogast NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 6/21/2023. (Arbogast, Brent) Modified on 6/2/2023 to Correct Docket Text and Add CM/ECF Document Links to Orders Being Appealed as the Plaintiff Failed to Follow the CM/ECF NextGen Prompts When Filing the Notice of Appeal in Violation of Court Rules and CM/ECF Administrative Procedures.(Paine, Matthew). |
| Filing 112 Opposition re #110 First MOTION to Disqualify Judge Casper filed by Thomas M. Closson, Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Smith, Linda) |
| Filing 111 First MEMORANDUM in Support re #110 First MOTION to Disqualify Judge Casper filed by Brent A. Arbogast. (Arbogast, Brent) |
| Filing 110 First MOTION to Disqualify Judge Casper by Brent A. Arbogast.(Arbogast, Brent) (Main Document 110 replaced on 5/22/2023 with correct document provided by counsel) (Currie, Haley). |
| Filing 109 Opposition re #104 MOTION for Clarification filed by Thomas M. Closson, Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Smith, Linda) |
| Filing 108 REPLY to Response to #107 MOTION for Leave to File filed by Brent A. Arbogast. (Arbogast, Brent) |
| Filing 107 MOTION for Leave to File by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 106 Opposition re #97 MOTION to Alter Judgment filed by Thomas M. Closson, Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Smith, Linda) |
| Filing 105 Opposition re #94 MOTION to Alter Judgment filed by Thomas M. Closson, Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Smith, Linda) |
| Filing 104 MOTION for Clarification by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 103 REPLY to Pfizer Defendants' Opposition to his Motion for Relief of Judgment re #101 Opposition filed by Brent A. Arbogast. (Arbogast, Brent) Modified on 3/21/2023 to adjust docket text and event used (Currie, Haley). |
| Filing 102 MOTION for Leave to File a Reply to Defendants Opposition (D. 101) to Plaintiff;s Rule 60 Motions for Relief of Judgment (D. 90, 91, 93, 94) by Brent A. Arbogast.(Arbogast, Brent) Modified on 3/21/2023 to reflect full title of motion (Currie, Haley). |
| Filing 101 Opposition re #90 First MOTION for Relief of Final Judgment , #91 Second MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) , #94 Fourth MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) filed by John J. Brack, Leigh Cowdrick, Kerri Lewandowski, Pfizer. (Davis, Benjamin) Modified on 3/21/2023 to adjust docket text to reflect corrected docket text (Currie, Haley). |
| Filing 100 Opposition re #93 Third MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) filed by Thomas M. Closson, Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Smith, Linda) |
| Filing 99 Opposition re #91 Second MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) filed by Thomas M. Closson, Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Smith, Linda) |
| Filing 98 MEMORANDUM in Support re #97 Fifth MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) filed by Brent A. Arbogast. (Arbogast, Brent) Modified on 3/21/2023 to adjust docket text and event used (Currie, Haley). |
| Filing 97 Fifth MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) by Brent A. Arbogast. (Arbogast, Brent) Modified on 3/21/2023 to adjust docket text to reflect full title of motion (Currie, Haley). |
| Filing 96 Opposition re #90 First MOTION for Relief of Final Judgment filed by Thomas M. Closson, Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Smith, Linda) |
| Filing 95 MEMORANDUM in Support re #94 Fourth MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) filed by Brent A. Arbogast. (Arbogast, Brent) Modified on 3/21/2023 to adjust docket text and event used (Currie, Haley). |
| Filing 94 Fourth MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) by Brent A. Arbogast.(Arbogast, Brent) Modified on 3/21/2023 to adjust docket text to reflect full title of motion (Currie, Haley). |
| Filing 93 Third MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) by Brent A. Arbogast.(Arbogast, Brent) Modified on 3/21/2023 to adjust docket text to reflect full title of motion (Currie, Haley). |
| Filing 92 MEMORANDUM in Support re #91 Second MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) filed by Brent A. Arbogast. (Attachments: #1 Exhibit Exhibit 1)(Arbogast, Brent) Modified on 3/21/2023 to adjust docket text and event used (Currie, Haley). |
| Filing 91 Second MOTION of Relief of Final Judgment Pursuant to Rule 60 (Oral Argument Requested) by Brent A. Arbogast. (Arbogast, Brent) Modified on 3/21/2023 to adjust docket text to reflect full title of motion (Currie, Haley). |
| Filing 90 First MOTION for Relief of Final Judgment by Brent A. Arbogast.(Arbogast, Brent) Modified on 3/21/2023 to adjust docket text to reflect full title of motion (Currie, Haley). |
| Filing 89 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 88 Transcript of Motion Hearing held on August 4, 2022, before Judge Denise J. Casper. 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: Debra Joyce at joycedebra@gmail.com. Redaction Request due 3/2/2023. Redacted Transcript Deadline set for 3/13/2023. Release of Transcript Restriction set for 5/10/2023. (McDonagh, Christina) (Main Document 88 replaced on 2/13/2023 to include time stamp) (McDonagh, Christina). |
| Filing 87 Judge Denise J. Casper: ORDER entered. ORDER DISMISSING CASE(Hourihan, Lisa) |
| Filing 86 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #69 Motion for Costs; #80 Motion for Leave to File Document; #82 Motion for Leave to File Document; #23 Motion for Order. In light of the rulings on D. 44, 46 and 50, the Court DENIES D. 23, 69, 80 and 82 as moot. (Hourihan, Lisa) |
| Filing 85 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS the Wyeth Defendants' motion to dismiss, D. 44, ALLOWS Closson's motion to dismiss, D. 46, and ALLOWS Lambert and Sheehan PA's motion to dismiss, D. 50. (Hourihan, Lisa) |
| Filing 84 Judge Denise J. Casper: ELECTRONIC ORDER entered re #76 Motion for Leave to File Reply and #78 Motion for Leave to File Reply. Motions for leave to file reply briefs is ALLOWED. The Court considered the reply briefs, D. 77 and 79 in the resolution of D. 66.(Hourihan, Lisa) |
| Filing 83 First ADDENDUM re #82 Second MOTION for Leave to File Reply filed by Brent A. Arbogast. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Arbogast, Brent) |
| Filing 82 Second MOTION for Leave to File Reply by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 81 First ADDENDUM re #80 First MOTION for Leave to File Reply filed by Brent A. Arbogast. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Arbogast, Brent) |
| Filing 80 First MOTION for Leave to File Reply by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 79 REPLY Memorandum to #73 Opposition filed by Brent A. Arbogast. (Arbogast, Brent) Modified on 9/28/2022 to adjust docket text and event used (Currie, Haley). |
| Filing 78 First MOTION for Leave to File Reply by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 77 First ADDENDUM re #76 First MOTION for Leave to File Reply to Pfizer Defendant Opposition to Amend filed by Brent A. Arbogast. (Arbogast, Brent) |
| Filing 76 First MOTION for Leave to File Reply to Pfizer Defendant Opposition to Amend by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 75 First Opposition re #66 First MOTION to Amend Complaint filed by Pfizer. (Davis, Benjamin) |
| Filing 74 First Opposition re #69 First MOTION for Costs for Service of Summons filed by Pfizer. (Davis, Benjamin) |
| Filing 73 Opposition re #66 First MOTION to Amend Complaint filed by Thomas M. Closson, Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Smith, Linda) |
| Filing 72 Opposition re #69 First MOTION for Costs for Service of Summons filed by Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Attachments: #1 Exhibit A)(Smith, Linda) |
| Filing 71 Notice of correction to docket made by Court staff. Correction: memorandum in support in entry corrected #69 because: filed incorrectly as an attachment to the motion when it should be filed as its own entry. (Currie, Haley) |
| Filing 70 MEMORANDUM in Support re #69 First MOTION for Costs for Service of Summons filed by Brent A. Arbogast. (Currie, Haley) |
| Filing 69 First MOTION for Costs for Service of Summons by Brent A. Arbogast. (Attachments: # 1 Exhibit Memorandum In Support of Plaintiff's Motion for Costs Incurred in Effecting Service)(Arbogast, Brent) Modified on 8/23/2022: memorandum in support removed from this entry and filed correctly in separate entry at D. #70 . (Currie, Haley). |
| Filing 68 ELECTRONIC NOTICE: Memorandum in support of any motion is required to be filed in its own separate entry and linked to the motion it is supporting. Memorandum filed by plaintiff was removed from entry #66 and filed correctly in entry #67 . (Currie, Haley) |
| Filing 67 MEMORANDUM in Support re #66 First MOTION to Amend Complaint filed by Brent A. Arbogast. (Currie, Haley) |
| Filing 66 First MOTION to Amend Complaint by Brent A. Arbogast. (Attachments: # 1 Exhibit Memorandum In Support of Motion For Leave to File Third Amended Complaint, #2 Exhibit Copy of Plaintiff's Proposed Third Amended Complaint, #3 Exhibit Plaintiffs Grievance to Board of Overseers Against Jackson Lewis For Conflict of Interest)(Arbogast, Brent) |
| Filing 65 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 8/4/2022 on pending motions to dismiss. Arguments. Court takes under advisement #44 Motion to Dismiss for Failure to State a Claim; takes under advisement #46 Motion to Dismiss for Failure to State a Claim; takes under advisement #50 Motion to Dismiss. Given the pending motions to dismiss the Court grants #61 Motion to Strike Third Amended Complaint (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Brent Arbogast pro se. Benjamin Davis and Linda Smith for the defendants.) (Hourihan, Lisa) |
| Filing 64 Opposition re #61 MOTION to Strike #59 Amended Complaint (Third) filed by Brent A. Arbogast. (Attachments: #1 Exhibit, #2 Exhibit)(Arbogast, Brent) |
| Filing 63 ELECTRONIC NOTICE Resetting Hearing on Motion #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #50 MOTION to Dismiss Plaintiff's Second Amended Complaint, #61 MOTION to Strike #59 Amended Complaint (Third), #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Second Amended Complaint) : In light of the Court's trial schedule, the Motion Hearing is reset for 8/4/2022 12:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 62 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #57 Motion for Leave to File Reply Brief. Having considered Defendants' motion to file a reply brief, D. 57, and the opposition to same, D. 60, the Court ALLOWS and shall consider D. 57-1 in consideration of the pending Motion to Dismiss. (Hourihan, Lisa) |
| Filing 61 MOTION to Strike #59 Amended Complaint (Third) by Thomas M. Closson, Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A..(Smith, Linda) |
| Filing 60 First Opposition re #57 MOTION for Leave to File Reply to Opposition to MTD (54 and 56) filed by Brent A. Arbogast. (Arbogast, Brent) |
| Filing 59 AMENDED COMPLAINT Second against All Defendants, filed by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 58 ELECTRONIC NOTICE Setting Hearing on Motion #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #50 MOTION to Dismiss Plaintiff's Second Amended Complaint, #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Second Amended Complaint) : Motion Hearing set for 7/21/2022 03:30 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 57 MOTION for Leave to File Reply to Opposition to MTD (54 and 56) by Thomas M. Closson, Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Attachments: #1 Reply to Opposition to MTD (54 and 56))(Smith, Linda) |
| Filing 56 First Opposition re #50 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Brent A. Arbogast. (Arbogast, Brent) |
| Filing 55 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #42 MOTION for Extension of Time to Amend Complaint nunc pro tunc (Hourihan, Lisa) |
| Filing 54 First Opposition re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brent A. Arbogast. (Attachments: #1 Exhibit NH RSA 508:4-e, #2 Exhibit NH Rule of Professional Conduct 1.5)(Arbogast, Brent) |
| Filing 53 First Opposition re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Second Amended Complaint) filed by Brent A. Arbogast. (Attachments: #1 Exhibit MGL Ch 149 52C, #2 Exhibit MGL Ch 151 15, #3 Exhibit Plaintiffs First Rule 60 Motion in Arbogast v Wyeth case 1:06-cv-10333, #4 Exhibit Plaintiffs Second Rule 60 Motion in Arbogast v Wyeth case 1:06-cv-10333)(Arbogast, Brent) |
| Filing 52 NOTICE of Appearance by Edwin F. Landers, Jr on behalf of Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A. (Landers, Edwin) |
| Filing 51 MEMORANDUM in Support re #50 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A.. (Smith, Linda) |
| Filing 50 MOTION to Dismiss Plaintiff's Second Amended Complaint by Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A..(Smith, Linda) |
| Filing 49 NOTICE of Appearance by Linda M. Smith on behalf of Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A. (Smith, Linda) |
| Filing 48 NOTICE of Appearance by Linda M. Smith on behalf of Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A. (Smith, Linda) |
| Filing 47 MEMORANDUM in Support re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thomas M. Closson. (Attachments: #1 Exhibit A - as filed Stip of Dismissal 2006 matter)(Currie, Haley) |
| Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Thomas M. Closson. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A- as filed Stip of Dismissal 2006 matter)(Smith, Linda) Modified on 5/31/2022: MEMORANDUM and EXHIBIT A removed from this entry and filed correctly in separate entry. Please see D. #47 for correct filing. (Currie, Haley). |
| Filing 45 MEMORANDUM in Support re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Second Amended Complaint) filed by John J. Brack, Leigh Cowdrick, Kerri Lewandowski, Pfizer. (Davis, Benjamin) |
| Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Second Amended Complaint) by John J. Brack, Leigh Cowdrick, Kerri Lewandowski, Pfizer.(Davis, Benjamin) |
| Filing 43 AMENDED COMPLAINT Second against All Defendants, filed by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 42 MOTION for Extension of Time to Amend Complaint by Brent A. Arbogast. (Attachments: #1 Supplement Second Amended Complaint As Is)(Arbogast, Brent) |
| Filing 41 SUMMONS Returned Executed Leigh Cowdrick served on 4/29/2022, answer due 5/20/2022. (Arbogast, Brent) |
| Filing 40 SUMMONS Returned Executed Sheehan, Phinney, Bass & Green, P.A. served on 4/19/2022, answer due 5/10/2022. (Arbogast, Brent) |
| Filing 39 SUMMONS Returned Executed Michael J. Lambert served on 4/22/2022, answer due 5/13/2022. (Arbogast, Brent) |
| Filing 38 SUMMONS Returned Executed Pfizer served on 4/20/2022, answer due 5/11/2022. (Arbogast, Brent) |
| Filing 37 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #36 Motion for Extension of Time to File Response/Reply to 6/1/2022, #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #29 MOTION for More Definite Statement ; re: #19 Motion for More Definite Statement; re: #27 Motion to Dismiss for Failure to State a Claim; re: #29 Motion for More Definite Statement. Consistent with the Court's ruling in D. 34, the Court DENIES D. 19 as moot, strikes D. 22, the amended complaint that suffers the same problems as the original complaint, see D. 34, DENIES the motion to dismiss the amended complaint, D. 27 without prejudice and, having done so, DENIES Plaintiff's motion for extension of time to respond to the MTD, D. 36. (Hourihan, Lisa) |
| Filing 36 First MOTION for Extension of Time to 6/1/2022 to File Response/Reply by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 35 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #32 Motion for Extension of Time to June 3, 2022 to Make Service by Brent A. Arbogast. Motion to extend the time for service of the original complaint DENIED as moot in light of the Court's ruling on D. 9. (Hourihan, Lisa) |
| Filing 34 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #9 Motion for More Definite Statement. Having considered the Defendants' motion for a more definite statement pursuant to Fed. R. Civ. P. 12(e) and memorandum in support of same, D. 9-10, Plaintiff's opposition, D. 16, and having considered the 178-page complaint, D. 1, the Court ALLOWS the motion. Accordingly, the present complaint, D. 1, is struck, and Plaintiff has until May 11, 2022 to file a complaint that complies with the applicable Federal Rules of Civil Procedure, including Rule 8(a)(2) that the amended complaint contain "a short and plain statement of the claim[s] showing that the pleader is entitled to relief" and the applicable Local Rules of this Court, including L.R. 5.1(a)(2) that provides in relevant part that all documents, including pleadings "shall be double-spaced except for the identification of counsel, title of the case, footnotes, quotations and exhibits." (Hourihan, Lisa) |
| Filing 33 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #11 Motion to Disqualify Counsel. Having considered Plaintiff's motion and memorandum in support of same, D. 11-12, and Defendants' opposition, D. 15, the Court DENIES Plaintiff's motion to disqualify counsel. (Hourihan, Lisa) |
| Filing 32 First MOTION for Extension of Time to June 3, 2022 to Make Service by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 31 AFFIDAVIT OF SERVICE Executed by Brent A. Arbogast. Kerri Lewandowski served on 4/11/2022, answer due 5/2/2022. Acknowledgement filed by Brent A. Arbogast. (Arbogast, Brent) |
| Filing 30 AFFIDAVIT OF SERVICE Executed by Brent A. Arbogast. John J. Brack served on 4/11/2022, answer due 5/2/2022. Acknowledgement filed by Brent A. Arbogast. (Arbogast, Brent) |
| Filing 29 MOTION for More Definite Statement by Thomas M. Closson.(Smith, Linda) |
| Filing 28 MEMORANDUM in Support re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John J. Brack, Leigh Cowdrick, Kerri Lewandowski, Pfizer. (Paterniti, Stephen) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John J. Brack, Leigh Cowdrick, Kerri Lewandowski, Pfizer.(Paterniti, Stephen) |
| Filing 26 NOTICE of Appearance by Benjamin R. Davis on behalf of Kerri Lewandowski (Davis, Benjamin) |
| Filing 25 NOTICE of Appearance by Stephen T. Paterniti on behalf of Kerri Lewandowski (Paterniti, Stephen) |
| Filing 24 First MEMORANDUM in Support re #23 First MOTION for Order for Judicial Notice filed by Brent A. Arbogast. (Attachments: #1 Exhibit Owings v. Hull)(Arbogast, Brent) |
| Filing 23 First MOTION for Order for Judicial Notice by Brent A. Arbogast.(Arbogast, Brent) |
| Filing 22 AMENDED COMPLAINT First against Leigh Cowdrick, Sheehan, Phinney, Bass & Green, P.A., Michael J. Lambert, Pfizer, Thomas M. Closson, John J. Brack, Kerri Lewandowski, filed by Brent A. Arbogast.(Arbogast, Brent) (Additional attachment(s) added on 4/4/2022: #1 Exhibits 1-40) (Currie, Haley). Modified on 4/4/2022: exhibits removed from the main entry and separated as attachment (Currie, Haley). |
| Filing 21 NOTICE of Appearance by Benjamin R. Davis on behalf of John J. Brack (Davis, Benjamin) |
| Filing 20 NOTICE of Appearance by Stephen T. Paterniti on behalf of John J. Brack (Paterniti, Stephen) |
| Filing 19 MOTION for More Definite Statement or the Alternative Dismissal Under Rule 8 by Thomas M. Closson. (Attachments: #1 Exhibit A- Kalika v Boston & maine)(Smith, Linda) |
| Filing 18 NOTICE of Appearance by Charles M. Waters on behalf of Michael J. Lambert, Sheehan, Phinney, Bass & Green, P.A. (Waters, Charles) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Brent A. Arbogast. Thomas M. Closson waiver sent on 2/16/2022, answer due 4/19/2022. (Arbogast, Brent) |
| Filing 16 First Opposition re #9 MOTION for More Definite Statement filed by Brent A. Arbogast. (Arbogast, Brent) |
| Filing 15 Opposition re #11 First MOTION to Disqualify Counsel filed by Leigh Cowdrick, Pfizer. (Paterniti, Stephen) |
| Filing 14 NOTICE of Appearance by Edwin F. Landers, Jr on behalf of Thomas M. Closson (Landers, Edwin) |
| Filing 13 NOTICE of Appearance by Linda M. Smith on behalf of Thomas M. Closson (Smith, Linda) |
| Filing 12 MEMORANDUM in Support re #11 First MOTION to Disqualify Counsel filed by Brent A. Arbogast. (Currie, Haley) |
| Filing 11 First MOTION to Disqualify Counsel by Brent A. Arbogast. )(Arbogast, Brent) Modified on 3/14/2022: Memo in support removed from this entry and filed correctly in separate entry - see D. #12 (Currie, Haley). |
| Filing 10 MEMORANDUM in Support re #9 MOTION for More Definite Statement filed by Leigh Cowdrick, Pfizer. (Paterniti, Stephen) |
| Filing 9 MOTION for More Definite Statement by Leigh Cowdrick, Pfizer.(Paterniti, Stephen) |
| Filing 8 NOTICE of Appearance by Benjamin R. Davis on behalf of Leigh Cowdrick, Pfizer (Davis, Benjamin) |
| Filing 7 NOTICE of Appearance by Stephen T. Paterniti on behalf of Leigh Cowdrick, Pfizer (Paterniti, Stephen) |
| Filing 6 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #5 Motion for leave to electronically file Pro Se. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at #https://pacer.uscourts.gov/register-account.Pro se e-filing account Instructions #https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm.If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again. Please email tracy_mclaughlin@mad.uscourts.gov. (Currie, Haley) |
| Filing 5 MOTION for Leave to file electronically Pro Se by Brent A. Arbogast. (Warnock, Douglas) |
| Filing 4 Filing fee/payment: $ 402.00, receipt number 1BST088199 for #1 Complaint, (Phillips, Sophie) |
| Filing 3 Summons Issued as to John J. Brack, Thomas M. Closson, Leigh Cowdrick, Michael J. Lambert, Kerri Lewandowski, Pfizer, Sheehan, Phinney, Bass & Green, P.A.. 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. (McManus, Caetlin) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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 against Leigh Cowdrick, Sheehan, Phinney, Bass & Green, P.A., Michael J. Lambert, Pfizer, Thomas M. Closson, John J. Brack, Kerri Lewandowski, filed by Brent A. Arbogast. Filing fee $402 paid, check # 475. (Attachments: #1 Exhibit Table of Contents, #2 Civil Cover Sheet and Category Sheet) (McManus, Caetlin) (Additional attachment(s) added on 2/1/2022: #3 Exhibits 1-94) (McManus, Caetlin). |
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