Gavin v. Liberty Mutual Group, Inc.

Gavin v. Liberty Mutual Group, Inc.

Plaintiff:	Linda Gavin
Defendant:	Liberty Mutual Group, Inc.
Case Number:	1:2011cv00159
Filed:	April 4, 2011
Court:	US District Court for the District of New Hampshire
Office:	Concord Office
Presiding Judge:	Landya B {t} McCafferty-MJ
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	28 U.S.C. § 1441 Petition for Removal - Employment Discrim
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on January 28, 2013. A more recent docket listing may be available from PACER.

Date Filed	Document Text
January 28, 2013	Filing 48 ORDER re #45 Bill of Costs: Defendant is awarded costs for clerk fees in the amount of $365.00 and deposition costs in the amount of $1,228.70, for a total award of $1,593.70. Signed by Clerk James R. Starr.(ko)
December 18, 2012	Filing 47 Objection to #45 Bill of Costs,, filed by Linda Gavin. (Attachments: #1 Memorandum of Law)(Lyons, John)
December 17, 2012	Filing 46 REPLACED SEE DOCUMENT #47. BILL OF COSTS by Linda Gavin( Follow up on Bill of Costs on 1/3/2013.), Objection to Bill of Costs by Linda Gavin (Attachments: #1 Memorandum of Law)(Lyons, John) Modified on 12/18/2012 to add: REPLACED SEE DOCUMENT #47. (ko).
December 17, 2012	NOTICE of ECF Filing Error re: #46 Bill of Costs, Miscellaneous Filing filed by Linda Gavin. Filer used wrong event. Filer shall refile using the Objection not to motion event and enter in docket text: Replaces document no. 46. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1473. Notice of Compliance Deadline set for 12/27/2012.(ko)
December 5, 2012	Filing 45 BILL OF COSTS by Liberty Mutual Group, Inc. Follow up on Bill of Costs on 12/24/2012. (Attachments: #1 Memorandum of Law in support of Bill of Costs, #2 Exhibit A-Court Fees, #3 Exhibit B-Invoice of Gavin Deposition, #4 Exhibit C-Invoices-Caldwell, Trefethen, Lozier Depositions, #5 Exhibit D-Invoice of Newick and Avery-Leaf Depositions, #6 Exhibit E-Check copies NHDES and medical providers, #7 Exhibit F-Invoice for Economist Catherine Newick's file)(Ford, Debra)
October 12, 2012	ENDORSED ORDER denying #43 Motion for Reconsideration re: #41 Order on Motion for Summary Judgment. Text of Order: Denied. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)
October 3, 2012	Filing 44 OBJECTION to #43 MOTION for Reconsideration of Order Granting Motion for Summary Judgment filed by Liberty Mutual Group, Inc.. (Hoffman, Douglas)
September 17, 2012	Filing 43 MOTION for Reconsideration of Order Granting Motion for Summary Judgment filed by Linda Gavin. Follow up on Objection on 10/4/2012. (Attachments: #1 Memorandum of Law Memo of Law)(Lyons, John)
September 6, 2012	Filing 42 JUDGMENT is hereby entered in accordance with #41 Order on Motion for Summary Judgment, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Leave to File. Signed by Clerk James R. Starr. (Case Closed) (ko)
September 5, 2012	Filing 41 ///ORDER granting #26 Motion for Summary Judgment; denying as moot #33 Motion to Compel; denying as moot #36 Motion to Strike; denying as moot #40 Motion for Leave to File Reply. Clerk of court shall enter judgment and close the case. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)
August 16, 2012	Filing 40 MOTION for Leave to File Reply Memorandum in Further Support of #33 Motion to Compel Production of Certain Documents filed by Liberty Mutual Group, Inc.. Follow up on Objection on 9/4/2012. (Attachments: #1 Memorandum of Law in Further Support of Defendant's Motion to Compel, #2 Exhibit 1 - Deposition of Linda Gavin)(Ford, Debra) Modified on 8/21/2012 to link to motion (ko).
August 14, 2012	Filing 39 OBJECTION to #36 MOTION to Strike #28 Objection to Motion, (Plaintiff's Affidavit, Issues of Material Fact and Disputes of Material Fact) filed by Linda Gavin. (Attachments: #1 Memorandum of Law Memo of Law)(Lyons, John)
August 6, 2012	Filing 38 ORDER denying #18 Motion to Compel. Denied, except to the extent that Liberty Mutual is ordered to produce to Gavin copies of annotated documents within ten days. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)
August 2, 2012	Filing 37 Notice of Intent to Reply to Objection to #33 MOTION to Compel Production of Documents . Follow up on Reply on 8/20/2012.(Ford, Debra)
August 1, 2012	Filing 36 MOTION to Strike #28 Objection to Motion, (Plaintiff's Affidavit, Issues of Material Fact and Disputes of Material Fact) filed by Liberty Mutual Group, Inc.. Follow up on Objection on 8/20/2012. (Attachments: #1 Memorandum of Law Memo Support Motion to Strike)(Ford, Debra)
August 1, 2012	Filing 35 REPLY to Objection to Motion re #26 MOTION for Summary Judgment filed by Liberty Mutual Group, Inc.. (Attachments: #1 Exhibit Exh A - Undisputed Material Facts, #2 Exhibit Exh B - Gavin Exit Interview, #3 Exhibit Exh C - Augusta Deposition Excerpts, #4 Exhibit Exh D - Mullane Deposition Excerpts)(Ford, Debra)
July 30, 2012	Filing 34 OBJECTION to #33 MOTION to Compel Production of Documents filed by Linda Gavin. (Attachments: #1 Memorandum of Law Memo of Law)(Lyons, John)
July 20, 2012	Filing 33 MOTION to Compel Production of Documents filed by Liberty Mutual Group, Inc.. Follow up on Objection on 8/6/2012. (Attachments: #1 Memorandum of Law in Support of Defendant's Motion to Compel, #2 Exhibit A-Lyons Correspondence, #3 Exhibit B-06/29/12 Email from Plaintiff's counsel, #4 Exhibit C-07/13/12 Email from Plaintiff's counsel, #5 Exhibit D-07/16/12 Email from Plaintiff's counsel, #6 Exhibit E-Excerpt from Linda Gavin Deposition Transcript)(Ford, Debra)
July 19, 2012	Filing 32 Notice of Intent to Reply to Objection to #26 MOTION for Summary Judgment . Follow up on Reply on 8/6/2012.(Ford, Debra)
July 16, 2012	Filing 31 Addendum/ to #28 Objection to Motion, by Linda Gavin. (Attachments: #1 Exhibit DEF001283)(Lyons, John)
July 16, 2012	Filing 30 Addendum/ to #28 Objection to Motion, by Linda Gavin. (Attachments: #1 Exhibit Depo of Salmon, #2 Exhibit Mullane 25, #3 Exhibit DEF001483, #4 Exhibit Mullane 26, #5 Exhibit Depo of Augusta, #6 Exhibit DEF000082)(Lyons, John)
July 16, 2012	Filing 29 Addendum/ to #28 Objection to Motion, by Linda Gavin. (Attachments: #1 Exhibit Mullane 13, #2 Exhibit Depo of Mullane, #3 Exhibit LM Ans. to Int. 5, #4 Exhibit Depo of Gavin, #5 Exhibit Depo of Arnost, #6 Exhibit Depo of Powell, #7 Exhibit Mullane 16)(Lyons, John)
July 16, 2012	Filing 28 OBJECTION to #26 MOTION for Summary Judgment filed by Linda Gavin. (Attachments: #1 Memorandum of Law Memo of Law, #2 Exhibit (Affidavit) Affidavit of Linda Gavin, #3 Exhibit DEF001277, #4 Exhibit DEF001346, #5 Exhibit Depo of Lahey, #6 Exhibit Mullane 13)(Lyons, John)
June 20, 2012	Filing 27 REPLY to Objection to Motion re #18 MOTION to Compel PRODUCTION OF DOCUMENTS REVIEWED BY JANNA PASQUINI MULLANE IN PREPARATION FOR DEPOSITION, TO PRODUCE A PRIVILEGE LOG AND TO COMPEL THE TESTIMONY OF JANNA PASQUINI MULLANE AND INTEGRATED MEMORANDUM OF LAW IN SUPPORT OF SAME filed by Linda Gavin. (Attachments: #1 Exhibit Mullane Deposition Excerpts, #2 Exhibit Mullane Fee Agreement)(Lyons, John)
June 20, 2012	ENDORSED ORDER granting #25 Motion for Leave to File Reply to Defendant's Objection to Plaintiff's May 1, 2012 Motion to Compel. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)
June 15, 2012	Filing 26 MOTION for Summary Judgment filed by Liberty Mutual Group, Inc.. Follow up on Objection on 7/19/2012. (Attachments: #1 Memorandum of Law Memo Supporting Motion for Summary Judgment, #2 Exhibit Ex.A Gavin Transcript, #3 Exhibit Ex.B 12/7/07 Email from Salmon, #4 Exhibit Ex.C 2/1/08 Ltr Salmon to Gavin, #5 Exhibit Ex.D Gavin Resignation Letter)(Ford, Debra)
May 29, 2012	Filing 25 MOTION for Leave to File Reply to Defendant's Objection to Plaintiff's May 1, 2012 Motion to Compel (Doc. 18) filed by Linda Gavin. Follow up on Objection on 6/15/2012. (Attachments: #1 Exhibit Proposed Reply to Defendant's Objection to Plaintiff's May 1, 2012 Motion to Compel, #2 Exhibit Excerpts from Mullane Deposition, #3 Exhibit Mullane Fee Agreement)(Lyons, John)
May 29, 2012	NOTICE of ECF Filing Error ACTION REQUIRED re: #24 Reply to Objection to Motion, filed by Linda Gavin. The document fails to comply with: LR 7.1(e)(2) Nondispositive motion: reply memorandum is not permitted without prior leave of court. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1473. Notice of Compliance Deadline set for 6/8/2012.(ko)
May 25, 2012	Filing 24 FILED IN ERROR SEE DOCUMENT #25 . REPLY to Objection to Motion re #18 MOTION to Compel PRODUCTION OF DOCUMENTS REVIEWED BY JANNA PASQUINI MULLANE IN PREPARATION FOR DEPOSITION, TO PRODUCE A PRIVILEGE LOG AND TO COMPEL THE TESTIMONY OF JANNA PASQUINI MULLANE AND INTEGRATED MEMORANDUM OF LAW IN SUPPORT OF SAME filed by Linda Gavin. (Attachments: #1 Exhibit Mullane Deposition Excerpts, #2 Exhibit Mullane Fee Agreement)(Lyons, John) Modified on 5/29/2012 to add: FILED IN ERROR SEE DOCUMENT #25 .(ko).
May 23, 2012	Filing 23 Notice of Intent to Reply to Objection to May 1, 2012 Motion to Compel. Follow up on Reply on 6/11/2012.(Lyons, John)
May 21, 2012	NOTICE of ECF Filing Error re: #22 Affidavit in Opposition to Motion, filed by Liberty Mutual Group, Inc. Document should have been filed as an attachment to the main document (AP 2.5(a)). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1473.(ko)
May 18, 2012	Filing 22 AFFIDAVIT in Opposition re #18 MOTION to Compel PRODUCTION OF DOCUMENTS REVIEWED BY JANNA PASQUINI MULLANE IN PREPARATION FOR DEPOSITION, TO PRODUCE A PRIVILEGE LOG AND TO COMPEL THE TESTIMONY OF JANNA PASQUINI MULLANE AND INTEGRATED MEMORANDUM OF LAW IN SUPPORT OF SAME filed by Liberty Mutual Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hoffman, Douglas)
May 18, 2012	Filing 21 OBJECTION to #18 MOTION to Compel PRODUCTION OF DOCUMENTS REVIEWED BY JANNA PASQUINI MULLANE IN PREPARATION FOR DEPOSITION, TO PRODUCE A PRIVILEGE LOG AND TO COMPEL THE TESTIMONY OF JANNA PASQUINI MULLANE AND INTEGRATED MEMORANDUM OF LAW IN SUPPORT OF SAME filed by Liberty Mutual Group, Inc.. (Hoffman, Douglas)
May 17, 2012	Motion terminated: re #16 MOTION to Compel Discovery and Integrated Memorandum of Law filed by Linda Gavin. Withdrawn, see document 20. (ko)
May 17, 2012	Filing 20 Notice of Withdrawal of Motion: #16 MOTION to Compel Discovery and Integrated Memorandum of Law.(Lyons, John)
May 7, 2012	ENDORSED ORDER granting #19 Motion to Extend Time to Disclose Experts. Text of Order: Granted. The court notes that the parties did not seek any extension of the summary judgment deadline (June 15, 2012), which deadline remains in place. So Ordered by Magistrate Judge Landya B. McCafferty.(ko)
May 7, 2012	Filing 19 Assented to MOTION to Extend Time to Disclose Experts filed by Linda Gavin.(Lyons, John)
May 1, 2012	Filing 18 MOTION to Compel PRODUCTION OF DOCUMENTS REVIEWED BY JANNA PASQUINI MULLANE IN PREPARATION FOR DEPOSITION, TO PRODUCE A PRIVILEGE LOG AND TO COMPEL THE TESTIMONY OF JANNA PASQUINI MULLANE AND INTEGRATED MEMORANDUM OF LAW IN SUPPORT OF SAME filed by Linda Gavin. Follow up on Objection on 5/18/2012. (Attachments: #1 Exhibit Mullane Deposition Excerpts)(Lyons, John)
May 1, 2012	Filing 17 Plaintiff's Notice as to Suitability for Mediation by Linda Gavin(Lyons, John)
April 30, 2012	Filing 16 WITHDRAWN SEE #20. MOTION to Compel Discovery and Integrated Memorandum of Law filed by Linda Gavin. Follow up on Objection on 5/17/2012. (Attachments: #1 Exhibit Def's answers to Ints and RFP, #2 Exhibit Letter, #3 Exhibit Letter, #4 Exhibit Letter)(Lyons, John) Modified on 7/25/2012 to add: WITHDRAWN SEE #20 (ko).
April 27, 2012	Filing 15 NOTICE of Attorney Appearance by Daniel P. Schwarz on behalf of Liberty Mutual Group, Inc. (Schwarz, Daniel)
April 5, 2012	ENDORSED ORDER granting #14 Motion for Douglas J. Hoffman to Appear Pro Hac Vice. Text of Order: Granted on the condition that Douglas J. Hoffman complete an online ECF Registration Form within 10 days So Ordered by Magistrate Judge Landya B. McCafferty. ECF Registration Deadline set for 4/19/2012.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(gla)
April 4, 2012	Filing 14 Assented to MOTION for Douglas J. Hoffman to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-867731.) filed by Liberty Mutual Group, Inc.. (Attachments: #1 Exhibit (Affidavit) Affidavit of Hoffman Pro Hac Vice)(Scott, K.)
April 3, 2012	ENDORSED ORDER re #13 Mediation Statement: additional 30 days needed to determine if mediation is suitable. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty.(ko)
April 2, 2012	Filing 13 Joint Mediation Statement: additional 30 days needed to determine if mediation is suitable (Scott, K.)
March 30, 2012	REVISED TRIAL NOTICE: (As to Final Pretrial Conference & deadlines only) Pretrial Statements due 9/11/2012. LR 16.2(d) Objections due 9/25/2012. Final Pretrial Conference set for 10/2/2012 at 10:30 AM before Magistrate Judge Landya B. McCafferty. Jury Trial set for two-week period beginning 10/16/2012 at 09:30 AM before Magistrate Judge Landya B. McCafferty. (ko)
March 1, 2012	ENDORSED ORDER granting #12 Motion to Withdraw as Attorney. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty.(ko)
February 29, 2012	Filing 12 Assented to MOTION for Nancy E. Oliver to Withdraw as Attorney Replaces Document No. 11 filed by Liberty Mutual Group, Inc..(Oliver, Nancy)
February 28, 2012	Filing 11 REPLACED SEE #12 . NOTICE of Attorney Withdrawal by Nancy Ellen Oliver on behalf of Liberty Mutual Group, Inc.(Oliver, Nancy) Modified on 3/1/2012 to add: (ko).
February 28, 2012	Filing 10 NOTICE of Attorney Appearance by Debra Weiss Ford on behalf of Liberty Mutual Group, Inc. (Ford, Debra)
February 22, 2012	TRIAL NOTICE: Pretrial Statements due 9/14/2012. LR 16.2(d) Objections due 9/28/2012. Final Pretrial Conference set for 10/5/2012 at 10:30 AM before Magistrate Judge Landya B. McCafferty. Jury Trial set for two-week period beginning 10/16/2012 at 09:30 AM before Magistrate Judge Landya B. McCafferty. (ko)
February 21, 2012	Filing 9 Assented to MOTION to Continue and Extend Deadlines Trial and Discovery Deadlines filed by Linda Gavin. (Attachments: #1 Proposed Order Amended Discovery Plan)(Lyons, John)
February 21, 2012	ENDORSED ORDER granting #9 Motion to Continue and Extend Deadlines. Text of Order: Granted. Trial is continued to the two-week trial period beginning October 16, 2012. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)
November 29, 2011	Filing 8 Assented to MOTION to Extend Time to Disclose Experts filed by Linda Gavin.(Lyons, John)
November 29, 2011	ENDORSED ORDER granting #8 Motion to Extend Time to Disclose Experts. Text of Order: Granted. The court notes, however, that the summary judgment deadline is not extended and remains April 2, 2012. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)
October 18, 2011	Filing 7 NOTICE of Attorney Appearance by K. Joshua Scott on behalf of Liberty Mutual Group, Inc. (Scott, K.)
May 24, 2011	TRIAL NOTICE: Pretrial Statements due 7/23/2012. LR 16.2(d) Objections due 8/6/2012. Final Pretrial Conference set for 8/10/2012 10:00 AM before Magistrate Judge Landya B. McCafferty. Jury Trial set for two-week period beginning 8/21/2012 09:30 AM before Magistrate Judge Landya B. McCafferty. (ko)
May 23, 2011	ENDORSED ORDER approving #6 Discovery Plan. Length of Trial 5 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. Text of Order: Approved and adopted as a pretrial scheduling order with the following modifications: Motions to dismiss due on or before August 24, 2011; Trial: Two week period beginning August 21, 2012. So Ordered by Magistrate Judge Landya B. McCafferty. Summary Judgment Motions due by 4/2/2012. Dispositive Motion Filing Deadline 8/24/2011. Mediation Follow Up on 3/1/2012. (ko)
May 13, 2011	Filing 6 Proposed Discovery Plan agreed to by the parties filed by Linda Gavin. (Lyons, John)
April 22, 2011	Filing 5 ANSWER to Complaint with jury demand filed by Liberty Mutual Group, Inc.. (Oliver, Nancy)
April 22, 2011	NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/25/2011 10:00 AM before Magistrate Judge Landya B. McCafferty. Follow up on Discovery Plan 5/18/2011. (kad)
April 18, 2011	Filing 4 Certified Copies of State Court Record. State Court Case No. 219-2011-CV-00105, Strafford County Superior Court (Oliver, Nancy)
April 4, 2011	Filing 3 NOTICE of Assignment to U.S. Magistrate Judge sent to all parties. (jeb)
April 4, 2011	Filing 2 Disclosure Statement by Liberty Mutual Group, Inc. disclosing no parent companies, and no merger agreement (Oliver, Nancy)
April 4, 2011	Filing 1 NOTICE OF REMOVAL from Strafford County Superior Court, case number 219-2011-CV-00105. (Filing fee $350, receipt number 0102-729551.) filed by Liberty Mutual Group, Inc.. Answer Follow Up on 4/28/2011. State Court Record Follow Up 4/21/2011. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Notice of Removal to Plaintiff''s Counsel, #3 Notice of Removal to State Court, #4 Civil Cover Sheet)(Oliver, Nancy) Modified on 4/4/2011 to delete "with jury demand": (jeb).
April 4, 2011	Case assigned to Magistrate Judge Landya B. McCafferty. The case designation is: 1:11-cv-159-LM. Please show this number with the judge designation on all future pleadings. (jeb)
April 4, 2011	NOTICE re #1 Notice of Removal filed by Liberty Mutual Group, Inc. Jury demand was entered on the docket sheet for both the plaintiff and defendant when defendant filed case initiating document (Notice of Removal) but was not included in that initiating document in accordance with LR 38.1. The jury demand entered by the defendant has been removed. Jury demand has been entered on the docket for the plaintiff only. (jeb)
April 4, 2011	NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (jeb)

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Plaintiff: Linda Gavin
Represented By:	John E. Lyons, Jr.
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Defendant: Liberty Mutual Group, Inc.
Represented By:	Daniel P. Schwarz
Represented By:	Douglas J. Hoffman
Represented By:	Nancy Ellen Oliver
Represented By:	Debra Weiss Ford
Represented By:	K. Joshua Scott
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