LaVallee v. Town of Dedham et al
| Thad LaVallee |
| Town of Dedham, Dedham Public Schools, Michael J. Welch and James P. Forrest |
| Judge Jennifer C. Boal |
| 1:2022cv10554 |
| April 14, 2022 |
| US District Court for the District of Massachusetts |
| Judith G Dein |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 42 The Alternative Dispute Resolution Hearing is set for November 6, 2023 at 10:00 AM in Courtroom 14 before Magistrate Judge Jennifer C. Boal. In the event this date poses a serious conflict, or any party believes that the case is not ripe for mediation, please do NOT contact the Courtroom Deputy directly regarding mediation scheduling; instead, the parties are to confer and file on CM/ECF a motion to cancel the mediation or to continue the mediation, as appropriate. In the case of motions to continue the mediation, the parties should include therein several proposed dates for which all counsel and principals are available. 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 BY E-MAIL to (Douglas_Warnock@mad.uscourts.gov) no later than fourteen (14) days prior to the mediation and marked "Confidential - Not for Docketing." Prior to the Mediation hearing, there will be a Preliminary Conference set for October 31, 2023 at 11:30 AM by remote proceedings before Magistrate Judge Jennifer C. Boal. The Preliminary Conference will be conducted by video, the clerk will provide the relative information for this conference to all parties at the email registered in CM/ECF, prior to the upcoming hearing.If you have technical or compatibility issues with video 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. (Warnock, Douglas) |
| Filing 41 Notice of assignment to ADR Provider. Judge Jennifer C. Boal appointed.(Simeone, Maria) |
| Filing 40 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution. (Thomson, Katherine) |
| Filing 39 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #38 MOTION for Extension of Time. This matter will be referred to the court's ADR program for mediation. If a settlement is not reached, the parties shall file a joint proposed schedule for the remainder of the case within 2 weeks following completion of the mediation. (Thomson, Katherine) |
| Filing 38 Joint MOTION for Extension of Time by Dedham Public Schools, James P. Forrest, Town of Dedham, Michael J. Welch.(Piaget Figueroa, Jeanette) |
| Filing 37 NOTICE of Appearance by Jeanette Piaget Figueroa on behalf of Town of Dedham (Piaget Figueroa, Jeanette) |
| Filing 36 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered re #31 MOTION to Compel. The plaintiff's motion to compel (Docket No. 31) is allowed in part and denied in part. Defendant shall confirm that all responsive documents relating to communications with counsel regarding whether the plaintiff had to stand for the Pledge of Allegiance have been included in the privilege log, and shall supplement the log if necessary. Defense counsel shall notify plaintiff's counsel by May 16, 2023 whether the defendant will be asking the court to consider that counsel was consulted in connection with defendants' claim of qualified immunity. If so, the privilege will be deemed waived and the communications must be produced. See United States v. Gorski, 36 F. Supp. 3d 256, 268 (D. Mass. 2014) (under "either a formal advice-of-counsel defense or a more basic lack-of-mens-rea defense a defendant's decision to raise the advice or involvement of counsel may serve as a waiver of the attorney-client privilege.") See also United States v. Liberty, No. 2:19-cr-00030-GZS, 2020 WL 6386388, at *3 (D. Me. Oct. 30, 2020) ("if either Defendant intends to pursue an involvement-of-counsel argument, the Court will require that the Defendant waive attorney-client privilege as to the attorneys and matters involved and produce all materials relevant to that argument.") Otherwise, the court finds that there has been no waiver and the documents remain privileged. The parties have agreed that there will be no experts. Dispositive motions remain due by September 5, 2023. (Thomson, Katherine) |
| Filing 35 Electronic Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Motion Hearing held on 5/2/2023 re #31 First MOTION to Compel filed by Thad LaVallee, Status Conference held on 5/2/2023; USMJ Dein hears arguments form counsel makes ruling and will issue order. (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 mad_transcripts@mad.uscourts.gov.(Attorneys present: Newbill and Lewis) (Quinn, Thomas) |
| Filing 34 ELECTRONIC NOTICE SETTING HEARING on Motion #31 First MOTION to Compel : Motion Hearing set for 5/2/2023 at 10:00 AM in Courtroom 15 (Remote only) before Magistrate Judge Judith G. Dein. (Thomson, Katherine) |
| Filing 33 Opposition re #31 First MOTION to Compel filed by Dedham Public Schools, James P. Forrest, Town of Dedham, Michael J. Welch. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Jones, Austin) |
| Filing 32 MEMORANDUM in Support re #31 First MOTION to Compel filed by Thad LaVallee. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Newbill, Lucas) |
| Filing 31 First MOTION to Compel by Thad LaVallee.(Newbill, Lucas) |
| Filing 30 Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Status Conference set for 5/2/2023 at 10:00 AM in Courtroom 15 (Remote only) before Magistrate Judge Judith G. Dein. Dispositive Motions due by 9/5/2023. Status Report due by 4/27/2023. (Thomson, Katherine) |
| Filing 29 ELECTRONIC NOTICE CANCELING Status Conference scheduled for 3/10/2023 at 10:30 AM before Magistrate Judge Judith G. Dein. (Thomson, Katherine) |
| Filing 28 STATUS REPORT Joint by Thad LaVallee. (Newbill, Lucas) |
| Filing 27 Joint MOTION for Extension of Time to Complete Discovery by Dedham Public Schools, James P. Forrest, Town of Dedham, Michael J. Welch.(Jones, Austin) |
| Filing 26 ELECTRONIC NOTICE RESETTING Hearing: Status Conference reset for 3/10/2023 at 10:30 AM in Courtroom 15 (Remote only) before Magistrate Judge Judith G. Dein. Status Report due by 3/7/2023. (Thomson, Katherine) |
| Filing 25 Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Status Conference set for 3/2/2023 at 10:15 AM in Courtroom 15 (Remote only) before Magistrate Judge Judith G. Dein. Amended Pleadings due by 3/6/2023. Dispositive Motions due by 7/5/2023. Status Report due by 2/27/2023. (Thomson, Katherine) |
| Filing 24 Electronic Clerk's Notes for proceedings held by video conference before Magistrate Judge Judith G. Dein: Status Conference held on 1/5/2023; case called; counsel report current discovery status and seek to extend all remaining deadlines by 30 days; USMJ Dein will extend all remaining deadlines 30 days and set the next conference for March 2, 2023 @ 10:15am. (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: Newbill and Lewis) (Quinn, Thomas) |
| Filing 23 STATUS REPORT by Thad LaVallee. (Newbill, Lucas) |
| Filing 22 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered denying #17 Motion for Protective Order A hearing was held today on the Plaintiffs Motion for Protective Order Proscribing Defendants from Contact Plaintiffs Past, Present, and Prospective Employers (Docket No. 17). Counsel for the plaintiff failed to appear at the hearing. After consideration of the parties written submissions, it is hereby ORDERED that the plaintiffs motion is DENIED as premature. Defense counsel has agreed to provide plaintiff with 7 days advance notice before serving any discovery requests on any of the plaintiffs past, present or prospective employers. (Quinn, Thomas) |
| Filing 21 Electronic Clerk's Notes for proceedings held by video conference before Magistrate Judge Judith G. Dein: Motion Hearing held on 11/14/2022 re #17 MOTION for Protective Order re No Contact Plaintiff's Employers filed by Thad LaVallee; case called; Plaintiff's counsel Newbill has failed to appear for today's hearing and the Court confirmed deputy clerk Quinn attempted to reach Attorney Newbill by telephone and email with no response; USMJ Dein will rule on the papers order to issue. (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: Defense Counsel Lewis and Jones; Attorney Newbill failed to appear.) (Quinn, Thomas) |
| Filing 20 ELECTRONIC NOTICE SETTING HEARING on Motion #17 MOTION for Protective Order re No Contact Plaintiff's Employers : Motion Hearing set for 11/14/2022 at 10:00 AM in Courtroom 15 (Remote only) before Magistrate Judge Judith G. Dein. (Thomson, Katherine) |
| Filing 19 Opposition re #17 MOTION for Protective Order re No Contact Plaintiff's Employers filed by Dedham Public Schools, James P. Forrest, Town of Dedham, Michael J. Welch. (Jones, Austin) |
| Filing 18 MEMORANDUM in Support re #17 MOTION for Protective Order re No Contact Plaintiff's Employers filed by Thad LaVallee. (Attachments: #1 Exhibit 1 - EEOC v. Pepsi Americas, Inc. Transcript)(Newbill, Lucas) |
| Filing 17 MOTION for Protective Order re No Contact Plaintiff's Employers by Thad LaVallee.(Newbill, Lucas) |
| Filing 16 Electronic Clerk's Notes for proceedings held by video conference before Magistrate Judge Judith G. Dein: Scheduling Conference held on 7/20/2022. case called; Counsel report case type and scope of discovery required; USMJ Dein adopts the proposed discovery schedule and will issue order; USMJ Dein hears argument from counsel on pending motion and takes it under advisement. (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: Newbill and Lewis) (Quinn, Thomas) |
| Filing 15 Magistrate Judge Judith G. Dein: ORDER entered re #5 MOTION for Costs. The motion is hereby ALLOWED IN PART and DENIED IN PART as set forth herein. (Thomson, Katherine) |
| Filing 14 Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER: Status Conference set for 1/5/2023 at 10:15 AM in Courtroom 15 (Remote only) before Magistrate Judge Judith G. Dein. Amended Pleadings due by 2/2/2023. Joinder of Parties due by 2/2/2023. Dispositive Motions due by 6/5/2023. Status Report due by 12/30/2022 (Thomson, Katherine) |
| Filing 13 CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Newbill, Lucas) |
| Filing 12 JOINT SUBMISSION pursuant to Local Rule 16.1 by Thad LaVallee.(Newbill, Lucas) |
| Filing 11 NOTICE of Scheduling Conference: Scheduling Conference set for 7/20/2022 at 10:00 AM in Courtroom 15 (Remote only) before Magistrate Judge Judith G. Dein. 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. (Thomson, Katherine) |
| Filing 10 CONSENT by all parties to Jurisdiction by US Magistrate Judge by Thad LaVallee.. (Newbill, Lucas) |
| Filing 9 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. (Thomson, Katherine) |
| Filing 8 NOTICE of Appearance by Austin Jones on behalf of Dedham Public Schools, James P. Forrest, Town of Dedham, Michael J. Welch (Jones, Austin) |
| Filing 7 ANSWER to #1 Complaint and Affirmative Defenses by Dedham Public Schools, James P. Forrest, Town of Dedham, Michael J. Welch.(Lewis, Brian) |
| Filing 6 NOTICE of Appearance by Brian E. Lewis on behalf of Dedham Public Schools, James P. Forrest, Town of Dedham, Michael J. Welch (Lewis, Brian) |
| Filing 5 MOTION for Costs of Service by Thad LaVallee. (Attachments: #1 Exhibit 1 - Notice, #2 Exhibit 2 - Kelman v Flores)(Newbill, Lucas) |
| Filing 4 AFFIDAVIT OF SERVICE Executed by Thad LaVallee. All Defendants. Acknowledgement filed by Thad LaVallee. (Newbill, Lucas) |
| Filing 3 Summons Issued as to Dedham Public Schools, James P. Forrest, Town of Dedham, Michael J. Welch. 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. (de Oliveira, Flaviana) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge Judith G. Dein 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 All Defendants Filing fee: $ 402, receipt number AMADC-9275881 (Fee Status: Filing Fee paid), filed by Thad LaVallee. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Newbill, Lucas). |
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