Allard, M.D. v. The Black and Decker Manufacturing Company et al
| Jeffrey C. Allard, M.D. |
| Black & Decker (U.S.) Inc., and The Black and Decker Manufacturing Company |
| 3:2019cv10506 |
| March 18, 2019 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 MOTION for Clarification or Reconsideration of Memorandum and Order on Motion for Sanctions under Fed. R. Civ. P. 37 With Respect to Award of Costs Only by Black & Decker (U.S.) Inc.,. (Attachments: #1 Exhibit A)(Tucker, Scott) |
| Filing 20 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. ORDER DISMISSING CASE. (Bartlett, Timothy) |
| Filing 21 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. granting #16 Motion for Sanctions. As explained in open court, Plaintiff's counsel has repeatedly ignored the court's orders, scheduling deadlines, and his obligations under the Federal Rules of Civil Procedure and Local Rules, despite opposing counsel and the court repeatedly notifying him of these requirements. Plaintiff also has not opposed Defendant's Motion for Sanctions and failed to appear for today's hearing. The court finds these repeated violations severe and deliberate, Defendant and the court have been prejudiced by them, Plaintiff's counsel has provided no legitimate excuses, and sanctions less severe than dismissal would not be adequate. See Vallejo v. Santini-Padilla, 607 F.3d 1, 8 (1st Cir. 2010) (listing factors). Accordingly, the court hereby dismisses this action with prejudice as a sanction for Plaintiff's noncompliance with court orders and failure to prosecute. See Tower Ventures, Inc. v. City of Westfield, 296 F.3d 43, 46 (1st Cir. 2002) ("[D]isobedience of court orders, in and of itself, constitutes extreme misconduct (and, thus, warrants dismissal."). (Rivera, Christina) |
| Filing 19 Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Motion Hearing held on 6/27/2019 re #16 MOTION for Sanctions filed by Black & Decker (U.S.) Inc. Present: Atty Tucker for defts. Court hears argument, grants #16 Motion for Sanctions. Case dismissed with prejudice. (Court Reporter: Alice Moran at alice.moran@verizon.net.) (Bartlett, Timothy) |
| Filing 18 AFFIDAVIT of Scott J. Tucker in Support re #16 MOTION for Sanctions filed by Black & Decker (U.S.) Inc.,, The Black and Decker Manufacturing Company. (Tucker, Scott) |
| Filing 17 ELECTRONIC NOTICE Setting Hearing on Motion #16 MOTION for Sanctions: Motion Hearing set for 6/27/2019 at 10:30 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Bartlett, Timothy) |
| Filing 16 MOTION for Sanctions by Black & Decker (U.S.) Inc.,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Tucker, Scott) |
| Filing 14 A Copy of #13 Scheduling Order mailed to Plaintiff's Attorney: Kevin M. Walkowski Five Kania Street Easthampton, MA 01027 on 05/15/2019. (Rivera, Christina) |
| Filing 13 Judge Mark G. Mastroianni: ORDER entered. SCHEDULING ORDER: See Notice for details. (Rivera, Christina) |
| Filing 15 Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Scheduling Conference held on 5/14/2019. Present: Atty Tucker for defts. Court issues scheduling. Order to follow (see Dkt. No. #13 ). Clerk directed to contact counsel for pltf as courtesy. (Court Reporter: Alice Moran at alice.moran@verizon.net.) (Bartlett, Timothy) |
| Filing 12 ELECTRONIC NOTICE OF RESCHEDULING **CHANGE TO COURTROOM LOCATION ONLY** Scheduling Conference set for 5/14/2019 at 11:00 AM in Hampshire Courtroom before Judge Mark G. Mastroianni. (Bartlett, Timothy) |
| Filing 11 Recommendations for Scheduling Order -Proposed Agenda for Scheduling Conference. (Tucker, Scott) |
| Filing 10 STATEMENT OF COUNSEL of Black & Decker (U.S.), Inc. Pursuant to Local Rule 16.1(D) by Black & Decker (U.S.) Inc.,. (Tucker, Scott) |
| Filing 9 NOTICE of Scheduling Conference ISSUED. Scheduling Conference set for 5/14/2019 AT 11:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. See Notice for details. (Rivera, Christina) |
| Filing 8 STATE COURT Record. (Tucker, Scott) |
| Filing 7 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 by Scott J. Tucker on behalf of Black & Decker (U.S.) Inc.,. (Tucker, Scott) |
| Filing 6 ANSWER to Complaint with Jury Demand by Black & Decker (U.S.) Inc.,.(Tucker, Scott) |
| Filing 5 Remark: A Certified copy of the Notice of Removal has been emailed today to Defendants Counsel for service on the State Court in order to obtain the certified State Court record. (Lindsay, Maurice) |
| Filing 4 Case transferred in from Eastern Division (Boston) on 03/18/2019 Case Number 1:19-cv-10506. Case assigned to Judge Mark G. Mastroianni. (Healy, Bethaney) |
| Filing 3 Case transferred to Western Division (Springfield) (McKillop, Matthew) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Black & Decker (U.S.) Inc.,. (Tucker, Scott) |
| Filing 1 NOTICE OF REMOVAL by Black & Decker (U.S.) Inc., ( Filing fee: $ 400, receipt number 0101-7589101 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet Civil Cover Sheet, #5 JS45 Category Form)(Tucker, Scott) (Attachment 2 replaced on 3/19/2019) (Lindsay, Maurice). (Attachment 3 replaced on 3/19/2019) (Lindsay, Maurice). |
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