Vieira v. ESIS, Inc. et al
| Danny Vieira |
| ESIS, Inc., Axa XL Re Underwriting d/b/a Greenwich Insurance Company and Axa XL Re Underwriting doing business as Greenwich Insurance Company |
| 1:2024cv10353 |
| February 14, 2024 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 Judge Richard G. Stearns: ELECTRONIC ORDER entered. ORDER LIFTING STAY. (McManus, Caetlin) |
| Filing 18 Judge Richard G. Stearns: ELECTRONIC ORDER entered regarding the parties request to lift the stay and set a pretrial schedule. On March 15, 2024, defendant ESIS, Inc. notified the court that "the underlying tort action to the consumer protections claims made in this case, Danny Vieira v. Joshua Clement and Universal Protection Service, LLC, Massachusetts Superior Court, Middlesex County, Civil Action No. 2281CV01790, was resolved by settlement." However, the parties excluded the claims here (under MASS. GEN. LAWS ch. 93A) from their agreement. Consequently, the parties ask the court to lift the stay in this case and set a pretrial schedule.Accordingly, the court directs the Clerk to lift the STAY in this case. Defendants having filed Answers to the Complaint, the court sets the following pretrial schedule.Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 4/19/24. Motions for leave to Amend Pleadings & Joinder of Parties must be filed by 7/1/24. Without leave of court, the parties are permitted to serve 30 interrogatories, 30 requests for admissions and 30 document requests, to be served on the opposing parties (or their counsel) within the 30 days of the initial disclosures (by 5/20/24). The court expects responses to be made in thirty days, unless a request for additional time is granted. A party may not notice more than 6 depositions without leave of court on a showing of good cause.If the parties would like to participate in the court's mediation program, they must notify docket clerk Caetlin McManus (617-748-9041) by 9/20/24. All fact discovery must be completed no later than 9/27/24. If dispositive motions are appropriate, they are due by 10/18/24, with Oppositions to dispositive motions due 11/8/24; Reply, if any, by leave of court. The court notes that, in this session, treating physicians are not required to produce Rule 26 expert reports, rather plaintiff's relevant medical records can be produced as part of fact discovery. This responsibility can be accomplished by plaintiff presenting completed releases for relevant records and providers by 4/19/24 as part of his automatic disclosures. Plaintiff is obligated to supplement these records under the procedural rules with any relevant ongoing treatment.If the parties intend to utilize expert(s) (other than treating physicians who have produced their relevant records) they must inform the court no later than 9/6/24 for the court to consider whether the expert's expected testimony comports with Fed. R. Evid. 702 and then to amend the pretrial schedule.(Zierk, Marsha) |
| Filing 17 STATUS REPORT (Joint/Updated) by Danny Vieira. (Caruso, Leonardo) |
| Filing 16 STATUS REPORT by ESIS, Inc.. (Loridas, Kara) |
| Filing 15 STATE COURT Record All Defendants.. (Attachments: #1 Superior Court Docket Report, #2 Superior Court Docket Entry 1, #3 Superior Court Docket Entry 2, #4 Superior Court Docket Entry 3, #5 Superior Court Docket Entry 4, #6 Superior Court Docket Entry 5)(Loridas, Kara) |
| Filing 14 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #9 ESIS, Inc.'s Unopposed Motion to Stay plaintiff Danny Vieira's claim for unfair settlement practices; granting #13 Greenwich Insurance Company's Unopposed Motion to Stay. The parties shall file status reports every 90 days or within 5 days of developments in the state tort case which affect our unfair settlement practices case. (Pacho, Arnold) |
| Filing 13 MOTION to Stay by Axa XL Re Underwriting.(Kenney, Thomas) |
| Filing 12 ANSWER to Complaint with Jury Demand by Axa XL Re Underwriting.(Kenney, Thomas) |
| Filing 11 NOTICE of Appearance by Thomas E. Kenney on behalf of Axa XL Re Underwriting (Kenney, Thomas) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Stay - Unopposed filed by ESIS, Inc.. (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, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Loridas, Kara) |
| Filing 9 MOTION to Stay - Unopposed by ESIS, Inc..(Loridas, Kara) |
| Filing 8 ANSWER to Complaint with Jury Demand by ESIS, Inc..(Loridas, Kara) |
| Filing 7 Remark: Defendant ESIS, Inc.'s answer to the Complaint is due February 21, 2024. (Pacho, Arnold) |
| Filing 6 NOTICE of Appearance by John J. McGivney on behalf of ESIS, Inc. (McGivney, John) (Main Document 6 replaced on 2/14/2024) (Pacho, Arnold). |
| Filing 5 NOTICE of Appearance by Kara A. Loridas on behalf of ESIS, Inc. (Loridas, Kara) (Main Document 5 replaced on 2/14/2024) (Pacho, Arnold). |
| Filing 4 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Cowan, Nicole) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by ESIS, Inc.. (Loridas, Kara) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Donald L. Cabell. (Kinsella, Jaylannie) |
| Filing 1 NOTICE OF REMOVAL by ESIS, Inc. ( Filing fee: $ 405, receipt number AMADC-10269004 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Civil Cover Sheet Civil Cover Sheet, #5 Category Form Category Form)(Loridas, Kara) Modified docket text on 2/14/2024 (Burgos, Sandra). |
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