Kimball et al v. Massachusetts Department of Developmental Services et al
| David A Kimball and Janet M Kimball |
| Massachusetts Department of Developmental Services, Commisioner Jane Ryder, Cooperative for Human Services, Inc., House Mgr. Mahesh Subedi and Emerson Hospital |
| 1:2022cv11860 |
| October 31, 2022 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 48 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #47 Assented to MOTION for Extension of Time to 1/13/2023 to File Answer re #1 Complaint . Cooperative for Human Services, Inc. answer due 1/13/2023. (Lima, Christine) |
| Filing 47 Assented to MOTION for Extension of Time to 1/13/2023 to File Answer re #1 Complaint by Cooperative for Human Services, Inc..(Bennett, Richard) |
| Filing 46 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Status Conference held on 12/14/2022. Court hears from the parties as to the current status of the matter. Joseph Kimball has been transferred to the Hogan Facility. The parties agreed that is the appropriate temporary placement and that it is too soon to discuss transferring him to a permanent housing facility. The Court agrees that the parties are going to have to work together to come up with a placement for Joseph and there is no guarantee that he will be permanently housed at a state facility. Further Status Conference set for 2/22/2023 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Frain, Hahn, Bolanos, Bennett) (Lima, Christine) |
| Filing 45 STATUS REPORT by David A Kimball, Janet M Kimball, filed under seal. (Warnock, Douglas) |
| Filing 44 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #43 MOTION to Seal Document Status Report by David A Kimball, Janet M Kimball. (Warnock, Douglas) |
| Filing 43 MOTION to Seal Document Status Report by David A Kimball, Janet M Kimball.(Frain, Thomas) |
| Filing 42 STATUS REPORT by Massachusetts Department of Developmental Services, Jane Ryder, filed under seal. (Lima, Christine) |
| Filing 41 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #40 MOTION to Seal Document by Massachusetts Department of Developmental Services, Jane Ryder. (Warnock, Douglas) |
| Filing 40 MOTION to Seal Document by Massachusetts Department of Developmental Services, Jane Ryder.(Bolanos, Cassandra) |
| Filing 39 NOTICE of Appearance by C. Alex Hahn on behalf of David A Kimball, Janet M Kimball (Hahn, C.) |
| Filing 38 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 12/14/2022 10:30 AM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton. NOTE - CHANGE IS AS TO TIME ONLY.(Lima, Christine) |
| Filing 37 SUMMONS Returned Executed Jane Ryder served on 11/3/2022, answer due 1/13/2023. (Frain, Thomas) |
| Filing 36 SUMMONS Returned Executed Massachusetts Department of Developmental Services served on 11/3/2022, answer due 1/13/2023. (Frain, Thomas) |
| Filing 35 NOTICE of Appearance by Richard A. Sawin, Jr on behalf of Cooperative for Human Services, Inc. (Sawin, Richard) |
| Filing 34 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #32 Assented to MOTION for Extension of Time to 12/27/2022 to File Answer re #1 Complaint , #1 Complaint Cooperative for Human Services, Inc. answer due 12/27/2022. (Warnock, Douglas) |
| Filing 33 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #29 First MOTION for Extension of Time to January 13, 2023 to File Answer by Massachusetts Department of Developmental Services, Jane Ryder. #29 First MOTION for Extension of Time to January 13, 2023 to File Answer , #1 Complaint Massachusetts Department of Developmental Services answer due 1/13/2023; Jane Ryder answer due 1/13/2023. (Warnock, Douglas) |
| Filing 32 Assented to MOTION for Extension of Time to 12/27/2022 to File Answer re #1 Complaint by Cooperative for Human Services, Inc..(Bennett, Richard) |
| Filing 31 CORPORATE DISCLOSURE STATEMENT by Cooperative for Human Services, Inc.. (Bennett, Richard) |
| Filing 30 NOTICE of Appearance by Richard E. Bennett on behalf of Cooperative for Human Services, Inc. (Bennett, Richard) |
| Filing 29 First MOTION for Extension of Time to January 13, 2023 to File Answer by Massachusetts Department of Developmental Services, Jane Ryder.(Bolanos, Cassandra) |
| Filing 28 SUMMONS Returned Executed Cooperative for Human Services, Inc. served on 11/3/2022, answer due 11/25/2022. (Frain, Thomas) |
| Filing 25 ELECTRONIC NOTICE of Hearing. Status Conference set for 12/14/2022 11:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) |
| Filing 24 NOTICE of Appearance by Thomas J. Frain on behalf of David A Kimball, Janet M Kimball (Frain, Thomas) |
| Filing 23 Judge Nathaniel M. Gorton: ORDER entered. PRELIMINARY INJUNCTION (Warnock, Douglas) |
| Filing 22 RESPONSE TO COURT ORDER by Massachusetts Department of Developmental Services, Jane Ryder . (Bolanos, Cassandra) |
| Filing 21 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. Because counsel has failed to respond to the Courts directive by 5:00 PM on Wednesday, November 16, 2022, Attorney Bolanos is directed to respond forthwith to the Courts request for the designation of the beneficiary, Joseph S. Kimball, in default of which counsel may be held in contempt of Court.(Lima, Christine) |
| Filing 20 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Status Conference held on 11/16/2022. Court hears from counsel regarding the placement of Joseph Kimball. Court will allow the Motion for a Preliminary Injunction and issue an order on 11/17/22 to transfer Mr. Kimball to either the Wrentham or Hogan facility. Defendants request to consult with their client as to which facility. Court instructs Defendants to let the Court know by 5:00 PM today (11/16/22) as to their decision. Defendant is to be released to one of those 2 facilities on or before Thanksgiving day (11/24/22). (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Hahn, Frain, Bolanos, Goldstein) (Lima, Christine) Modified on 11/17/2022 (Lima, Christine). |
| Filing 19 STATUS REPORT by Massachusetts Department of Developmental Services, Jane Ryder. (Bolanos, Cassandra) |
| Filing 27 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 26 Transcript of Motion Hearing held on November 8, 2022, before Judge Nathaniel M. Gorton. 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 12/1/2022. Redacted Transcript Deadline set for 12/12/2022. Release of Transcript Restriction set for 2/8/2023. (Coppola, Katelyn) |
| Filing 18 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Motion Hearing held on 11/8/2022 re #2 MOTION for Preliminary Injunction filed by Janet M Kimball, David A Kimball. No one appears for Defendants Cooperative for Human Services, Inc. and House Mgr. Mahesh Subedi, who are private, non-profit entities. Plaintiff informs the Court that Defendant Cooperative for Human Services, Inc. has been served, but that Defendant Subedi has been fired and the Sheriff is still attempting to locate him. Court states it's current standings on the matter and gives its proposed solution. Parties are to file a joint status report by 12:00 PM on 11/16/22 as to where to transfer Joseph Kimball. Before Thanksgiving, he is going to be discharged from Emerson Hospital and transferred. Court hears from the parties in response to its proposals. Both Plaintiffs and Defendants Massachusetts Department of Developmental Services and Commissioner Jane Ryder agree that the Plaintiff should not be held at Emerson Hospital. Court urges the parties to try to resolve this matter. If they cannot, a Status Conference is set for 11/16/2022 02:30 PM in Courtroom 4 before Judge Nathaniel M. Gorton. Attorney Goldstein does not need to attend if he chooses not to. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Frain, Bonanni, Bolanos, Goldstein) (Lima, Christine) |
| Filing 17 Opposition re #2 MOTION for Preliminary Injunction filed by Massachusetts Department of Developmental Services, Jane Ryder, filed under seal. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lima, Christine) |
| Filing 16 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #15 MOTION to Seal Document State Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction (Warnock, Douglas) |
| Filing 15 MOTION to Seal Document State Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction by Massachusetts Department of Developmental Services, Jane Ryder.(Bolanos, Cassandra) |
| Filing 14 NOTICE of Appearance by Cassandra Bolanos on behalf of Massachusetts Department of Developmental Services, Jane Ryder (Bolanos, Cassandra) |
| Filing 13 RESPONSE to Motion re #2 MOTION for Preliminary Injunction filed by Emerson Hospital, filed under seal. (Attachments: #1 Affidavit)(Lima, Christine) |
| Filing 12 ELECTRONIC NOTICE Setting Hearing on Motion #2 MOTION for Preliminary Injunction : Motion Hearing set for 11/8/2022 02:30 PM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton. (Lima, Christine) |
| Filing 11 Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction . Responses by all Defendants due by 4:00 PM on Friday, 11/4/2022. (Lima, Christine) |
| Filing 10 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #9 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. (Lima, Christine) |
| Filing 9 MOTION to Seal Emerson Hospital's Response To Plaintiffs' Motion For A Preliminary Injunction by Emerson Hospital.(Goldstein, Richard) |
| Filing 8 AMENDED: Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction . Responses due by 12:00 PM 11/3/2022 (Lima, Christine) Modified on 11/2/2022 (Lima, Christine). |
| Filing 7 Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction . Responses due by 11/4/2022 (Lima, Christine) |
| Filing 6 NOTICE of Appearance by Richard Goldstein on behalf of Emerson Hospital (Goldstein, Richard) |
| Filing 5 Summons Issued as to Cooperative for Human Services, Inc., Emerson Hospital, Massachusetts Department of Developmental Services, Jane Ryder, Mahesh Subedi. 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 4 MEMORANDUM in Support re #2 MOTION for Preliminary Injunction filed by David A Kimball, Janet M Kimball. (McManus, Caetlin) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton 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 Paul G. Levenson. (Danieli, Chris) |
| Filing 2 MOTION for Preliminary Injunction by David A Kimball, Janet M Kimball. (Attachments: #1 Request for Oral Argument, #2 Proposed Order)(Frain, Thomas) (Attachment 1 replaced on 11/1/2022) (McManus, Caetlin). Modified on 11/1/2022 to remove Memorandum attached to motion in error, see #4 (McManus, Caetlin). |
| Filing 1 COMPLAINT against All Plaintiffs Filing fee: $ 402, receipt number AMADC-9567008 (Fee Status: Filing Fee paid), filed by David A Kimball, Janet M Kimball. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet)(Frain, Thomas) |
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