Guyer et al v. Guyer et al
| Michael Guyer and Steven Weiss |
| Christopher Guyer doing business as Guyer Masonry, DCR Realty, LLC, The Bell Pump Service Company and The Simons Company |
| Judge Leo T. Sorokin |
| Christopher Guyer |
| GJA Construction Company |
| 3:2010cv30175 |
| August 19, 2010 |
| US District Court for the District of Massachusetts |
| Springfield Office |
| Hampden |
| Patti B Saris |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 14, 2012. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 58 Judge Patti B. Saris: 90 DAY SETTLEMENT ORDER OF DISMISSAL entered. (Anderson, Jennifer) |
| Civil Case Terminated. (Anderson, Jennifer) |
| Filing 57 Disclosure pursuant to Rule 26 by Michael Guyer.(Hodge, David) |
| ELECTRONIC NOTICE of assignment to ADR Provider. Chief Magistrate Judge Leo T. Sorokin appointed. (Franklin, Yvonne) |
| ELECTRONIC NOTICE of ADR Conference: Alternative Dispute Resolution Hearing set for March 20, 2012 at 9:30 a.m. in Courtroom 24 before Ch. Magistrate Judge Leo T. Sorokin. By agreement of the Parties, the participation of Mr. Meehan at this mediation is excused. INSTRUCTIONS - Counsel and principals are directed to be present and to have full settlement authority. A brief mediation memorandum (five-six pages, including exhibits) addressing both the merits of the case and the filing party's settlement position should be submitted to James Chernetsky no later than five (5) business days prior to the mediation (via facsimile to 617-748-4580, via email to James_Chernetsky@mad.uscourts.gov, or via hand delivery to the Chambers of Mag. Judge Sorokin, Suite 7-410). The mediation memorandum should be marked "Confidential - Not for Docketing" and is not to be served upon opposing Parties. Counsel are requested to try to accommodate this date. In the event that you believe the case is not ripe for mediation at this time, or if the date poses a serious conflict, counsel are to notify opposing counsel and FILE AN ASSENTED-TO MOTION to continue the mediation as soon as possible.(Chernetsky, James) |
| Filing 56 Judge Patti B. Saris: ORDER entered.... REFERRING CASE to Alternative Dispute Resolution.(Molloy, Maryellen) |
| Filing 55 Judge Patti B. Saris: ORDER entered. PROCEDURAL ORDER re pretrial/trial... Final Pretrial Conference set for 3/26/2012 02:00 PM in Courtroom 19 before Judge Patti B. Saris. Jury Trial set for 4/9/2012 09:00 AM in Courtroom 19 before Judge Patti B. Saris.(Molloy, Maryellen) |
| Filing 54 NOTICE of Appearance by Judith A. McCarthy on behalf of Michael Guyer (McCarthy, Judith) (Main Document 54 replaced on 2/8/2012 with appearance with the correct Judge's letters at the end of the case number) (Finn, Mary). Modified on 2/8/2012 (Finn, Mary). |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Patti B. Saris: Interim Pretrial Conference held on 2/8/2012. Parties do not agree to consent to proceed before the Mag Judge. PTC reset to 3/26/12 at 2:00pm; J/T will go forward on 4/9/12 at 9:00AM before J Saris in Boston, MA. Pretrial Order to issue. Matter is referred to ADR program to be scheduled for Mediation as soon as possible. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) |
| ELECTRONIC NOTICE OF RESCHEDULING Telephone Conference set for 2/8/2012 at 03:30 PM in Courtroom 19 before Judge Patti B. Saris. (Anderson, Jennifer) |
| Filing 53 NOTICE by DCR Realty, LLC, The Bell Pump Service Company Intention to Offer Medical Records (Attachments: #1 Exhibit U.S. Mail Certified Return Reciepts)(Meehan, L.) (Main Document 53 replaced on 1/11/2012 with correct signed document) (Finn, Mary). Modified on 1/11/2012 (Finn, Mary). |
| Case no longer referred to Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney) |
| NOTICE Resetting a Hearing. Status Conference reset for 2/8/2012 at 02:45 PM in Courtroom 19 before Judge Patti B. Saris. (Anderson, Jennifer) |
| ELECTRONIC NOTICE OF RESCHEDULING Status Conference from 12/9/11 to 1/27/12... Status Conference RESET TO 1/27/2012 02:00 PM in Courtroom 19 before Judge Patti B. Saris. (Molloy, Maryellen) |
| ELECTRONIC NOTICE of Hearing : Status Conference set for 12/9/2011 at 02:30 PM in Courtroom 19 before Judge Patti B. Saris. (Anderson, Jennifer) |
| ELECTRONIC NOTICE of Reassignment. Judge Patti B. Saris added. Judge Michael A. Ponsor no longer assigned to case. (Abaid, Kimberly) |
| Filing 52 Judge Michael A. Ponsor: PROCEDURAL ORDER re pretrial/trial ENTERED, cc:cl. (Healy, Bethaney) |
| Filing 51 Magistrate Judge Kenneth P. Neiman: SCHEDULING ORDER ENTERED, cc:cl. All remaining non-expert disc compl by 9/16/11; Pltfs' expert discl y 10/28/11; Defts' expert discl by 12/2/11; expert depos compl by 1/13/12; Final Pretrial Conference set for 3/13/2012 at 2:00 PM in Hampden Courtroom before Judge Michael A. Ponsor; Jury Trial set for 4/9/2012 at 9:00 AM in Hampden Courtroom before Judge Michael A. Ponsor.(Healy, Bethaney) |
| ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Case Management Conference held on 7/1/2011. Colloquy re: status of case. Scheduling and Procedural Order to issue. (Court Reporter: Digital Recording.)(Attorneys present: Hodge, McElroy, Meehan, Thompson) (Healy, Bethaney) |
| Filing 50 STIPULATION of Dismissal as to the Simons Company Only by The Simons Company. (Brosnan, John) |
| Filing 49 NOTICE of Appearance by Warren R. Thompson on behalf of GJA Construction Company (Thompson, Warren) |
| Filing 48 ANSWER to Third Party Complaint by GJA Construction Company.(Thompson, Warren) |
| Set/Reset Answer Deadlines for GJA Construction Company 5/31/2011. (Finn, Mary) |
| Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting #42 Third Party Plaintiffs' Motion to Strike Answer Filed By Gary J. Allard on Behalf of GJA Construction Company, Inc. Although persons are permitted to proceed pro se pursuant to 28 U.S.C. section 1654, that statutory provision does not permit unlicenced lay people to represent a private company. See Duquette v. Stern, 2011 WL 468783 at *1 (D. Mass. Feb 3, 2011) (and cases cited therein). More particularly, Local Rule 83.5.3(c) provides that "[a] person who is not a member of the bar of this court, and to whom sections (a) and (b) [concerning attorneys for the United States and pro hac vice admissions] are not applicable, will be allowed to appear and practice before the court only in his own behalf." See also In re Victor Publishers, Inc., 545 F.2d 285, 286 (1st Cir. 1976) ("Although an individual has a ststutory right to represent himself in federal court even if he is not a lawyer, a corporation may be represented only by licensed counsel."). Accordingly, the answer is struck and Third Party Defendant GJA Construction Company Inc. is ordered to appear and answer through counsel no later than May 31, 2011, or be subject to default upon application of the Third Party Plaintiffs. In light of this ruling, the court denies without prejudice [44 and 46] the Third Party Plaintiffs' Motions to Compel. So ordered. (Neiman, Kenneth) |
| Filing 47 MEMORANDUM in Support re #46 MOTION to Compel Third Party Defendant GJA Construction Company, Inc. to Produce Documents and Tangible Iems Pursuant to F.R.C.P. 37(a)(3)(B) filed by The Bell Pump Service Company. (Meehan, L.) |
| Filing 46 MOTION to Compel Third Party Defendant GJA Construction Company, Inc. to Produce Documents and Tangible Iems Pursuant to F.R.C.P. 37(a)(3)(B) by The Bell Pump Service Company.(Meehan, L.) |
| Filing 45 MEMORANDUM in Support re #44 MOTION to Compel Third Party Defendant GJA Construction Company, Inc. to Make Disclosure Pursuant to F.R.C.P. 26(a) filed by DCR Realty, LLC, The Bell Pump Service Company. (Meehan, L.) |
| Filing 44 MOTION to Compel Third Party Defendant GJA Construction Company, Inc. to Make Disclosure Pursuant to F.R.C.P. 26(a) by DCR Realty, LLC, The Bell Pump Service Company.(Meehan, L.) |
| Filing 43 Third Party MEMORANDUM in Support re #42 MOTION to Strike the Answer Filed by Gary J. Allard on Behalf of Third arty Defendant, GJA Construction Company, Inc. and to Compel the Third Party Defendant to Retain a Licensed Attorney to Represent it in this Action filed by DCR Realty, LLC, The Bell Pump Service Company. (Attachments: #1 Exhibit Defendant's Answer to Third Party Complaint, #2 Exhibit corporation documents of GJA Construction Company, Inc., #3 Affidavit Affidavit of L. Jeffrey Meehan)(Meehan, L.) |
| Filing 42 MOTION to Strike the Answer Filed by Gary J. Allard on Behalf of Third arty Defendant, GJA Construction Company, Inc. and MOTION to Compel the Third Party Defendant to Retain a Licensed Attorney to Represent it in this Action by DCR Realty, LLC, The Bell Pump Service Company.(Meehan, L.). Added MOTION to Compel on 4/27/2011 due to the motion contains two reliefs - MOTION to Strike and MOTION to Compel. (Finn, Mary). |
| Filing 41 ANSWER to Third Party Complaint by GJA Construction Company.(Lindsay, Maurice) |
| Judge Michael A Ponsor: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Kenneth P. Neiman Referred for: full pretrial case management, a rule 16 scheduling conference, no dispositve motions. (Lindsay, Maurice) |
| ELECTRONIC NOTICE of Reassignment. Judge Michael A Ponsor added. Magistrate Judge Kenneth P. Neiman no longer assigned to case. (Lindsay, Maurice) |
| Filing 40 Not all parties consented to assignment of case to Magistrate Judge Neiman. Case to be reassigned to Judge Michael A. Ponsor. (Lindsay, Maurice) |
| Filing 39 CERTIFICATION pursuant to Local Rule 16.1 of DCR Realty, LLC and The Bell Pump Service Company. (Meehan, L.) |
| Filing 38 THIRD PARTY SUMMONS returned and Executed by DCR Realty, LLC. GJA Construction Company served on 1/4/2011, answer due 1/25/2011. Acknowledgement filed by DCR Realty, LLC. (Meehan, L.) Modified on 1/11/2011 to correct the text to reflect the document that is being filed. (Finn, Mary). |
| Filing 36 Magistrate Judge Kenneth P. Neiman: SCHEDULING ORDER ENTERED, cc:cl. Discovery to be completed by 6/30/2011; Case Management Conference set for 7/1/2011 at 10:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney) |
| Filing 35 CORPORATE DISCLOSURE STATEMENT pursuant to LR 7.1 by L. Jeffrey Meehan on behalf of DCR Realty, LLC. (Meehan, L.) Modified on 1/4/2011 to correct the text to reflect the document that is being filed - corporate disclosure statement, not a certificate of consultation. (Finn, Mary). (Main Document 35 replaced on 1/4/2011) (Finn, Mary). |
| ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Scheduling Conference held on 1/4/2011. Parties shall submit their consent/refusal form as soon as possible. Scheduling Order to issue. (Court Reporter: Digital Recording.)(Attorneys present: Hodge, Brosnan, Meehan, McElroy) (Healy, Bethaney) |
| Filing 34 Proposed JOINT STATEMENT re scheduling conference Pursuant to Local Rule 16.1(D). (Attachments: #1 Supplement Certificate of Service)(Hodge, David) |
| Filing 33 CERTIFICATION pursuant to Local Rule 16.1 (D)(3). (Hodge, David) |
| Filing 32 CORPORATE DISCLOSURE STATEMENT by The Bell Pump Service Company. (Meehan, L.) |
| Filing 31 CERTIFICATION pursuant to Local Rule 16.1 (D)(3) by The Simons Company.(Brosnan, John) |
| Filing 30 Magistrate Judge Kenneth P. Neiman: ORDER entered re: Neal S. Lakritz, M.D. Medical Records, cc:cl. (Healy, Bethaney) |
| Filing 29 Magistrate Judge Kenneth P. Neiman: ORDER entered re: New England Orthopedic Surgeons Medical Records, cc:cl. (Healy, Bethaney) |
| Filing 28 Magistrate Judge Kenneth P. Neiman: ORDER entered re: Wing Memorial Hospital Medical Records, cc:cl. (Healy, Bethaney) |
| Filing 27 Magistrate Judge Kenneth P. Neiman: ORDER entered re: Baystate Medical Center Medical Records, cc:cl. (Healy, Bethaney) |
| Filing 26 Magistrate Judge Kenneth P. Neiman: ORDER entered re: Mercy Medical Center Medical Records, cc:cl. (Healy, Bethaney) |
| Notice of correction to docket made by Court staff. Correction: Text of document #25 . corrected because: To add to the text that this is also a certification pursuant to L.R. 16.1. (Finn, Mary) |
| Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting without timely opposition #23 Defendant DCR Realty, LLC's Motion to Secure Plaintiff's Medical Records. Orders to issue. (Neiman, Kenneth) |
| Filing 25 Certification pursuant to L.R. 16.1 and First CONSENT to Alternative Dispute Resolution by Christopher Guyer (McElroy, Peter) Modified on 12/20/2010 (Finn, Mary). |
| Filing 24 ANSWER to Crossclaim, CROSSCLAIM against The Bell Pump Service Company by Christopher Guyer.(McElroy, Peter) (Main Document 24 replaced on 12/17/2010) (Lindsay, Maurice). |
| Notice of correction to docket made by Court staff. The answer Dkt. No. 24 have been replaced because the wrong document was chosen during filing. The correct answer is now in place. (Lindsay, Maurice) |
| Filing 23 MOTION to Produce for Court Orders to Secure Plaintiff's Medical Records by DCR Realty, LLC. (Attachments: #1 Orders for medical records, #2 Medical Authorizations)(Meehan, L.) |
| Filing 22 Third party Summons Issued as to GJA Construction Company. 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. (Finn, Mary) |
| Filing 21 ANSWER to Crossclaim by DCR Realty, LLC, The Bell Pump Service Company.(Meehan, L.) |
| Filing 20 THIRD PARTY COMPLAINT against GJA Construction Company, filed by DCR Realty, LLC, The Bell Pump Service Company.(Meehan, L.) |
| Filing 19 ANSWER to #1 Complaint, with Jury Demand, CROSSCLAIM against Christopher Guyer by DCR Realty, LLC, The Bell Pump Service Company.(Meehan, L.) |
| Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting #17 Motion to Continue Conference, cc:cl. Scheduling Conference moved to 1/4/2011 at 10:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. The parties' joint statement and LR 16.1 certifications shall be filed by 12/30/10. (Healy, Bethaney) |
| Filing 18 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Michael Guyer re #17 MOTION to Continue Scheduling Conference. (Hodge, David) |
| Filing 17 Assented to MOTION to Continue to January 4, 2011 the Scheduling Conference by Michael Guyer.(Hodge, David) Modified on 11/22/2010 to correct the relief type of the motion from motion to ext. time to motion to cont. (Finn, Mary). |
| Filing 16 NOTICE of Scheduling Conference ISSUED, cc:cl. Initial Scheduling Conference set for 12/15/2010 at 2:30 PM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman; jiont statement and LR 16.1 certs by 12/10/10. (Healy, Bethaney) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by The Simons Company. (Brosnan, John) |
| Filing 14 ANSWER to Crossclaim of Christopher Guyer d/b/a Guyer Masonry by The Simons Company.(Brosnan, John) |
| Filing 13 ANSWER to #1 Complaint, with Jury Demand by The Simons Company.(Brosnan, John) |
| Filing 12 NOTICE of Appearance by John F. Brosnan on behalf of The Simons Company (Brosnan, John) |
| Filing 11 CERTIFICATE OF SERVICE pursuant to LR 5.2 by The Simons Company re #10 Stipulation Enlarging the Time for The Simmons Company to Respond to the Plaintiff's Complaint. (Brosnan, John) |
| Set/Reset Answer Deadlines for The Simons Company - 11/10/2010. (Finn, Mary) |
| Filing 10 STIPULATION Enlarging the Time for The Simmons Company to Respond to the Plaintiff's Complaint by The Simons Company. (Brosnan, John) |
| Filing 9 SUMMONS Returned Executed The Bell Pump Service Company served on 10/12/2010, answer due 11/2/2010. (Hodge, David) |
| Filing 8 ANSWER to Complaint with Jury Demand, CROSSCLAIM against All Defendants by Christopher Guyer.(McElroy, Peter) |
| Filing 7 SUMMONS Returned Executed Christopher Guyer served on 9/27/2010, answer due 10/18/2010. (Hodge, David) |
| Filing 6 SUMMONS Returned Executed The Simons Company served on 9/29/2010, answer due 10/20/2010. (Hodge, David) |
| Filing 5 SUMMONS Returned Executed DCR Realty, LLC served on 9/30/2010, answer due 10/21/2010. (Hodge, David) |
| Filing 4 NOTICE of Appearance by Peter M. McElroy on behalf of Christopher Guyer (McElroy, Peter) |
| Filing 2 Summons Issued as to DCR Realty, LLC, Christopher Guyer, The Bell Pump Service Company, The Simons Company. 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. (Finn, Mary) |
| Filing 1 COMPLAINT AND DEMAND FOR JURY TRIAL against All Defendants Filing fee: $ 350, receipt number 0101-3032915 (Fee Status: Filing Fee paid), filed by Michael Guyer, Steven Weiss. (Attachments: #1 Civil Cover Sheet, #2 Appendix Category Sheet)(Hodge, David) |
| ELECTRONIC NOTICE of Case Assignment. Magistrate Judge Kenneth P. Neiman 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 attached General Order and Notice regarding Consent to Proceed before the Magistrate Judge. These documents will be mailed to counsel not receiving notice electronically.. Magistrate Judge Consent Form mailed to counsel. (Finn, Mary) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
