Wiedemann v. Doncasters Inc. et al
| Kimberly Wiedemann |
| Florin Alexandru and Doncasters Inc. |
| 3:2008cv30210 |
| October 20, 2008 |
| US District Court for the District of Massachusetts |
| Civil Rights: Jobs Office |
| Hampden |
| Kenneth P Neiman |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 31 Magistrate Judge Kenneth P. Neiman: ORDER of Dismissal Pursuant to the court's 12/16/09 Electronic Order, ENTERED, cc:cl. (Healy, Bethaney) |
| Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting #27 Defendants' Motion to Dismiss with Prejudice for Failure to Cooperate with Discovery. Plaintiff's counsels' arguments to the contrary (Document No.30), Defendants' motion is not premature and dismissal is warranted as a result of Plaintiff's failure to abide by the court's orders and its warning regarding the likelihood of dismissal. As a review of the docket will reveal, Plaintiff failed to abide by the court's orders despite repeated opportunities to respond to written discovery and, subsequently, to attend noticed depositions. Such outright failures can only be deemed purposeful on Plaintiff's part as well as prejudicial to Defendants, including Defendants' ability to proceed with discovery and to abide by deadlines for summary judgment motions. See Figueroa Ruiz v. Alegria, 896 F.2d 645, 648 (1st Cir. 1990); Goldman, Antonetti, Ferraiuoli, Axtmayer & Hertell v. Medfit Int'l, Inc., 982 F.2d 686, 691-92 (1st Cir, 1993). As a result of such dismissal, the court finds moot #29 Plaintiff's counsels' Motion to Withdraw. So ordered. (Neiman, Kenneth) |
| Filing 30 MEMORANDUM in Opposition re #27 MOTION to Dismiss for Failure to Cooperate with Discovery filed by Kimberly Wiedemann. (Daniell, Emily) (Additional attachment(s) added on 12/15/2009: #1 Correct Main Document) (Finn, Mary). |
| Notice of correction to docket made by Court staff. Correction: Document #30 - Pltf's opp. to the Defts' motion to dismiss for failure to cooperate with discovery. corrected because: To add the opposition with the date it was filed and the certificate of service date and to delete the opposition with the blank date it was filed and the certificate of service date. (Finn, Mary) |
| Filing 29 MOTION to Withdraw as Attorney by Kimberly Wiedemann.(Daniell, Emily) |
| Filing 28 MEMORANDUM in Support re #27 MOTION to Dismiss for Failure to Cooperate with Discovery filed by Doncasters Inc., Florin Alexandru. (Murphy, Timothy) |
| Filing 27 MOTION to Dismiss for Failure to Cooperate with Discovery by Doncasters Inc., Florin Alexandru.(Murphy, Timothy) |
| Filing 26 Magistrate Judge Kenneth P. Neiman: FURTHER REVISED SCHEDULING ORDER ENTERED, cc:cl. Ds' to file S/J motion, if any, by 1/8/10; P's opp by 1/22/10, with Ds' reply by 1/29/10; hearing on any motions for S/J set for 2/3/10 at 2:00 p.mm. (the 1/7/10 date is hereby canceled); Final Pretrial Conference set for 2/19/2010 at 2:00 PM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman; Jury Trial set for 3/1/2010 at 9:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman.(Healy, Bethaney) |
| Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting #25 Motion for Extension of Time, cc:cl. (Healy, Bethaney) |
| Filing 25 MOTION for Extension of Time to Extend Summary Judgment Deadlines by Doncasters Inc., Florin Alexandru.(Murphy, Timothy) |
| Filing 24 NOTICE of Withdrawal of Appearance by Kimberly A. Klimczuk (Klimczuk, Kimberly) |
| Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered denying #20 Plaintiff's "Emergency" Motion for Extension of Time to Complete Discovery, the court finding Plaintiff's explanation for the requested extension inadequate and, in any event, unacceptable. Accordingly, Plaintiff has forfeited her right to engage in any further discovery. Nonetheless, Plaintiff shall respond to the propounded interrogatories and produce the requested documents by December 1, 2009, and submit to a deposition no later than December 15, 2009, as requested by Defendants. (See Opposition (Document No. 22).) Should Plaintiff fail to abide by this order, the case shall be subject to dismissal upon motion of Defendants. So ordered. (Neiman, Kenneth) |
| Filing 23 MEMORANDUM in Opposition re #20 Emergency MOTION for Extension of Time to December 6, 2009 to Complete Discovery and In Support of Cross Motion to Dismiss for Failure to Cooperate with Discovery filed by Doncasters Inc., Florin Alexandru. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Murphy, Timothy) |
| Filing 22 Opposition re #20 Emergency MOTION for Extension of Time to December 6, 2009 to Complete Discovery and Cross Motion to Dismiss for Failure to Cooperate with Discovery filed by Doncasters Inc., Florin Alexandru. (Murphy, Timothy) |
| Filing 21 NOTICE of Appearance by Michael B. Leahy on behalf of Doncasters Inc., Florin Alexandru (Leahy, Michael) |
| Filing 20 Emergency MOTION for Extension of Time to December 6, 2009 to Complete Discovery by Kimberly Wiedemann.(Daniell, Emily) |
| Filing 19 Magistrate Judge Kenneth P. Neiman: PROCEDURAL ORDER re pretrial/trial ENTERED, cc:cl.(Healy, Bethaney) |
| Filing 18 Magistrate Judge Kenneth P. Neiman: REVISED SCHEDULING ORDER ENTERED, cc:cl. All outstanding written disc answered by 9/25/09; depos compl by 11/6/09; Ds' S/J motions by 12/2/09; P's opp to S/J motion by 12/16/09, with Ds' reply by 12/23/09; hearing on S/J motion set for 1/7/10 at 11:00 a.m.; Final Pretrial Conference set for 2/19/2010 at 2:00 PM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney) |
| Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Case Management Conference held on 9/9/2009. Colloquy re: status of case. Scheduling Order to issue. (Court Reporter: FTR (10:30 a.m.).)(Attorneys present: Daniell, Murphy, Leahy) (Healy, Bethaney) |
| Filing 17 CERTIFICATION pursuant to Local Rule 16.1 by Kimberly Wiedemann.(Shea, Michael) |
| Filing 16 CONSENT by all parties to Jurisdiction by US Magistrate Judge by Kimberly Wiedemann.. (Daniell, Emily) |
| Filing 15 Joint MOTION for Extension of Time to December 4, 2009 to Complete Discovery by Kimberly Wiedemann.(Daniell, Emily) |
| Filing 14 NOTICE of Appearance by Emily J. Daniell on behalf of Kimberly Wiedemann (Daniell, Emily) |
| Filing 13 NOTICE of Appearance by Timothy F Murphy on behalf of Doncasters Inc., Florin Alexandru (Murphy, Timothy) |
| Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered denying #15 Joint Motion to Amend Scheduling Order. The case management conference shall go forward as scheduled on September 9, 2009. So ordered. (Neiman, Kenneth) |
| Filing 12 Magistrate Judge Kenneth P. Neiman: SCHEDULING ORDER ENTERED, cc:cl. All non-expert disc, incl. depos compl by 9/4/09; Case Management Conference set for 9/9/2009 at 10:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney) |
| Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Initial Scheduling Conference held on 2/10/2009. Colloquy re: status of case. Scheduling Order to issue. (Court Reporter: FTR (10:00 a.m.).)(Attorneys present: Shea, Klimczuk) (Healy, Bethaney) |
| Filing 11 JOINT STATEMENT re scheduling conference Pursuant to Local Rule 16.1. (Klimczuk, Kimberly) |
| Filing 10 CERTIFICATION pursuant to Local Rule 16.1 by Doncasters Inc..(Klimczuk, Kimberly) |
| Filing 9 CERTIFICATION pursuant to Local Rule 16.1 by Florin Alexandru.(Klimczuk, Kimberly) |
| Filing 8 NOTICE of Scheduling Conference ISSUED, cc:cl. Initial Scheduling Conference set for 2/10/2009 at 10:00 AM in Hampshire Courtroom before Ch. Magistrate Judge Kenneth P. Neiman; joint statement and LR 16.1 certs by 2/4/09. (Healy, Bethaney) |
| Filing 7 NOTICE of Appearance by Kimberly A. Klimczuk on behalf of Doncasters Inc., Florin Alexandru (Klimczuk, Kimberly) |
| Filing 6 ANSWER to #1 Complaint by Doncasters Inc., Florin Alexandru.(Klimczuk, Kimberly) |
| Filing 5 SUMMONS Returned Executed Florin Alexandru served on 11/24/2008, answer due 12/15/2008. (Shea, Michael) |
| Filing 4 SUMMONS Returned Executed Doncasters Inc. served on 12/4/2008, answer due 12/24/2008. (Shea, Michael) |
| Filing 3 Summons Issued as to Doncasters Inc., Florin Alexandru. 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. (Stuckenbruck, John) |
| Filing 2 Summons Issued as to Doncasters Inc., Florin Alexandru. 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. (Lindsay, Maurice) |
| Filing 1 COMPLAINT against Doncasters Inc., Florin Alexandru, filed by Kimberly Wiedemann. (Attachments: #1 Cover Sheet)(Lindsay, Maurice) |
| Case Assigned to Ch. Magistrate Judge Kenneth P. Neiman. (Lindsay, Maurice) |
| Filing fee/payment: $350.00, receipt number SPR000261 for #1 Complaint (Lindsay, Maurice) |
| NOTICE issued to Attorney Michael O. Shea regarding mandatory use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. Electronic filing of all documents includes the complaint. The only exceptions are seal, ex-parte or other such confidential documents. (Lindsay, Maurice) |
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