Soneeya (fka Hunt) v. Mici (1:07-cv-12325)

District Court, D. Massachusetts

Date Filed
Description

1

Dec 13, 2007

COMPLAINT against all defendants, filed by Kenneth Hunt. (Attachments: # 1 civil cover sheet)(Gawlik, Cathy) (Entered: 12/18/2007)

Dec 13, 2007

ELECTRONIC NOTICE of Case Assignment. Judge Judge Patti B. Saris 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 Collings (Gawlik, Cathy)

2

Dec 13, 2007

MEMORANDUM OF LAW by Kenneth Hunt to 1 Complaint. (Attachments: # 1 Exhibit A, # 2 exhibit b, # 3 exhibit c, # 4 exhibit D thru K)(Gawlik, Cathy) (Entered: 12/18/2007)

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Jan 7, 2008

Case Reassigned to Judge Nancy Gertner. Judge Patti B. Saris no longer assigned to the case. (Boyce, Kathy)

3

Jan 11, 2008

NOTICE of Change of name by Kenneth Hunt. (Attachments: # 1 Exhibit)(Gaudet, Jennifer) (Entered: 01/22/2008)

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4

Jan 29, 2008

Judge Nancy Gertner: ORDER entered. Within forty-two (42) days of the date of this Memorandum and Order, plaintiff shall pay the $350.00 filing fee for this action, or, if he cannot afford to pay the filing fee, he shall file an application for leave to proceed in forma pauperis, accompanied by his certified prison account statement as required by 28 U.S.C. ยง 1915. Failure of the plaintiff to comply with the filing fee directives will result in a dismissal of this action without prejudice.The clerk mailed plaintiff a standard application form, and has sent a copy of this Memorandum and Order to the Treasurers Office at the prison facility in which plaintiff is incarcerated. The Treasurers Office is requested to provide this Court with the requisite prison account statement, including the plaintiffs average monthly deposits for the six-month period preceding the date the complaint was filed, as well as the average monthly balance for that same period. (PSSA, 4) (Entered: 01/31/2008)

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Jan 31, 2008

Set Deadlines/Hearings: Plaintiff either to pay fee or file application to proceed without prepayment of fees accompanied by his certified prison account statement due by 3/11/2008. (PSSA, 4)

Mar 7, 2008

Filing fee/payment: $ 350.00, receipt number BST001622 for 1 Complaint (Russo, Patricia)

5

Mar 25, 2008

MOTION to Appoint Counsel by Katheena Soneeya. (Attachments: # 1 Exhibit)(Gaudet, Jennifer) (Entered: 03/25/2008)

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6

Apr 24, 2008

Letter/requesting docket sheet (non-motion) from Kathleen Soneeya. (Sonnenberg, Elizabeth) (Entered: 04/28/2008)

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Apr 28, 2008

DOCKET SHEET sent to Katheena Soneeya (Sonnenberg, Elizabeth)

7

May 9, 2008

MOTION to Expedite Adjudication of Plaintiff's Injunctive Relief by Katheena Soneeya. (Attachments: # 1 Exhibit one, # 2 Exhibit two, # 3 Exhibit three)(Gaudet, Jennifer) (Entered: 05/21/2008)

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8

May 27, 2008

Judge Nancy Gertner: ORDER entered. MEMORANDUM AND ORDER that (1) the clerk shall correct the case caption of the docket to reflect plaintiffs name as Katheena Nevia Soneeya, formerly known as Kenneth Hunt; (2) plaintiff shall file, within forty-two (42) days from the date of this Order, an application to proceed without prepayment of fees accompanied by a certified copy of plaintiffs prison account statement in support of the pending motion for appointment of counsel; (3) the defendants are required to reply to plaintiff's complaint within the time specified in the summons, and (4) the clerk shall issue summonses for service of the defendants. It is plaintiffs responsibility to ensure that both timely and proper service of the complaint and the motion to expedite is made on each of the defendants within 120 days of the date of issuance of the summonses (as opposed to the date of the filing of the complaint). Failure of plaintiff to provide proof of proper service within the 120 day period as to each defendant will result in a dismissal of any non-served defendant named in this action. (PSSA, 4) (Entered: 05/28/2008)

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May 28, 2008

Summons Issued as to James Bender, Department of Correction, Arthur Brewer. Summonses mailed to plaintiff with L.R. 4.1, 5/27/08 Memo & Order, Application to Proceed Without Prepayment of Fees, and courtesy copy of complaint.(PSSA, 4)

May 28, 2008

Set/Reset Deadlines: Plaintiff to file Application to Proceed Without Prepayment of Fees and certified prison account statement (in support of motion for appointment of counsel) due by 7/1/2008. (PSSA, 4)

9

Jun 6, 2008

MOTION for Leave to Proceed in forma pauperis by Katheena Soneeya. (Attachments: # 1 Inmate Account)(Gaudet, Jennifer) (Entered: 06/12/2008)

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10

Jul 18, 2008

Letter/request (non-motion) from Katheena Soneeya re: service. (Gaudet, Jennifer) (Entered: 07/22/2008)

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11

Jul 18, 2008

SUMMONS Returned Executed James Bender served on 7/17/2008, answer due 8/6/2008. (Gaudet, Jennifer) (Entered: 07/22/2008)

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12

Jul 18, 2008

SUMMONS Returned Executed Arthur Brewer served on 7/17/2008, answer due 8/6/2008. (Gaudet, Jennifer) (Entered: 07/22/2008)

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13

Jul 18, 2008

SUMMONS Returned Executed Department of Correction served on 7/17/2008, answer due 8/6/2008. (Gaudet, Jennifer) (Entered: 07/22/2008)

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14

Aug 8, 2008

Judge Nancy Gertner: ORDER entered granting 5 Motion to Appoint Counsel. This matter is referred to the Courts Pro Bono Coordinator who shall, by by August 28, 2008, report to the Court the result of such effort. The clerk shall terminate from the ecf docket the pending application to proceed without prepayment of fees. (PSSA, 4) (Entered: 08/08/2008)

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Aug 8, 2008

Motions terminated: 9 MOTION for Leave to Proceed in forma pauperis filed by Katheena Soneeya - terminated pursuant to Order dated August 8. (PSSA, 4)

15

Aug 11, 2008

ANSWER to Complaint with Jury Demand by James Bender, Department of Correction.(McFarland, Richard) (Entered: 08/11/2008)

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16

Aug 11, 2008

NOTICE of Appearance by Stephen M. O'Shea on behalf of Arthur Brewer (O'Shea, Stephen) (Entered: 08/11/2008)

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17

Aug 11, 2008

NOTICE of Appearance by Anthony R. Brighton on behalf of Arthur Brewer (Brighton, Anthony) (Entered: 08/11/2008)

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18

Aug 11, 2008

MOTION for Extension of Time to August 22, 2008 to Respond to Plaintiff's Complaint and Motion For Expedited Relief by Arthur Brewer.(Brighton, Anthony) (Entered: 08/11/2008)

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19

Aug 11, 2008

MEMORANDUM in Support re 18 MOTION for Extension of Time to August 22, 2008 to Respond to Plaintiff's Complaint and Motion For Expedited Relief filed by Arthur Brewer. (Brighton, Anthony) (Entered: 08/11/2008)

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20

Aug 13, 2008

ANSWER to 1 Complaint with Jury Demand by Arthur Brewer.(O'Shea, Stephen) (Entered: 08/13/2008)

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21

Aug 20, 2008

Letter/request (non-motion) from Katheena Soneeya re: renewed certificate of service. (Gaudet, Jennifer) (Entered: 08/20/2008)

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22

Sep 3, 2008

Opposition re 7 MOTION to Expedite Adjudication of Plaintiff's Injunctive Relief filed by Arthur Brewer. (Brighton, Anthony) (Entered: 09/03/2008)

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23

Sep 26, 2008

Judge Nancy Gertner: ORDER entered. Order Appointing Pro Bono Counsel. There being sufficient cause to exercise the discretionary power of the Court to appoint counsel, it is ORDERED that Ropes & Gray LLP is appointed to represent the plaintiff under the provisions of the United States District Court Plan for the Appointment of Counsel For Indigent Parties in Civil Cases, unless this appointment is declined by written notice (copy to pro bono coordinator) within twenty-one (21) days from the date of this Order. Once this order takes effect, appointed counsel or his or her designated associate(s) shall: (1) promptly file a Notice of Appearance in this action; and (2) serve until the litigation is terminated or the Court enters an order revoking said appointment. Contact name: Joshua S. Levy (PSSA, 4) (Additional attachment(s) added on 9/26/2008: # 1 Errata correction) (PSSA, 4). Modified on 9/26/2008 (PSSA, 4). (Entered: 09/26/2008)

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Sep 26, 2008

Remark: The Clerk removed a document that was incorrectly entered as the order for appointment of pro bono counsel (No. 23). The clerk subsequently filed the correct order for appointment of counsel (No. 23-2) which lists the Ropes & Gray Contact as Joshua S. Levy. Docket No. 23-2 is the operative Order for Appointment of Counsel. (PSSA, 4)

Oct 3, 2008

Judge Nancy Gertner: Electronic ORDER entered finding as moot 18 Motion for Extension of Time to August 22, 2008 to Respond to Plaintiff's Complaint and Motion For Expedited Relief by Arthur Brewer. (Gaudet, Jennifer)

Oct 6, 2008

Judge Nancy Gertner: Electronic ORDER entered denying 7 Motion to Expedite Adjudication of Plaintiff's Injunctive Relief without prejudice to renewal by pro bono counsel. (PSSA, 4)

24

Oct 14, 2008

NOTICE of Appearance by Gary Shaun Richardson on behalf of Katheena Soneeya (Richardson, Gary) (Entered: 10/14/2008)

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25

Oct 15, 2008

First MOTION for Leave to File an Amended Complaint by Katheena Soneeya.(Richardson, Gary) (Entered: 10/15/2008)

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26

Oct 16, 2008

NOTICE of Appearance by Cori A. Lable on behalf of Katheena Soneeya (Lable, Cori) (Entered: 10/16/2008)

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27

Oct 28, 2008

Opposition re 25 First MOTION for Leave to File an Amended Complaint filed by Arthur Brewer. (Brighton, Anthony) (Entered: 10/28/2008)

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Oct 29, 2008

Judge Nancy Gertner: Electronic ORDER entered granting 25 Motion for Leave to File an Amended Complaint by Katheena Soneeya. Amended Complaint to be filed by 12/15/2008.(Gaudet, Jennifer)

28

Dec 15, 2008

First AMENDED COMPLAINT against Harold W. Clarke in His Official Capacity as the Commissioner of the Massachusetts Department of Correction, filed by Katheena Soneeya.(Richardson, Gary) (Entered: 12/15/2008)

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29

Dec 15, 2008

MOTION FRCP 21 Motion to Drop Certain Defendants as Parties by Katheena Soneeya.(Richardson, Gary) (Entered: 12/15/2008)

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Dec 16, 2008

Judge Nancy Gertner: Electronic ORDER entered granting 29 Motion to Drop Certain Defendants as Parties by Katheena Soneeya. (Gaudet, Jennifer)

30

Jan 8, 2009

WAIVER OF SERVICE Returned Executed by Katheena Soneeya. Harold W. Clarke waiver sent on 12/16/2008, answer due 2/17/2009. (Richardson, Gary) (Entered: 01/08/2009)

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31

Feb 16, 2009

ANSWER to 28 Amended Complaint by Harold W. Clarke.(McFarland, Richard) (Entered: 02/16/2009)

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32

Mar 26, 2009

NOTICE of Withdrawal of Appearance by Gary Shaun Richardson (Richardson, Gary) (Entered: 03/26/2009)

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33

Jun 23, 2009

NOTICE of Appearance by Alfred A. Day on behalf of Katheena Soneeya (Day, Alfred) (Entered: 06/23/2009)

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34

Jun 24, 2009

JOINT STATEMENT of counsel. (Gaudet, Jennifer) (Entered: 06/24/2009)

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35

Jun 25, 2009

Joint CERTIFICATION pursuant to Local Rule 16.1 (D)(3) by Katheena Soneeya.(Day, Alfred) (Entered: 06/25/2009)

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36

Dec 1, 2009

NOTICE of Scheduling Conference. Scheduling Conference set for 12/23/2009 11:00 AM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 12/01/2009)

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37

Dec 3, 2009

ASSENTED TO MOTION to Continue Scheduling Conference by Katheena Soneeya. (Day, Alfred) Modified on 12/4/2009 (Gaudet, Jennifer). (Entered: 12/03/2009)

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Dec 4, 2009

Judge Nancy Gertner: Electronic ORDER entered granting 37 Motion to Continue. Scheduling Conference reset to 2/2/2010 11:00 AM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen)

38

Jan 29, 2010

NOTICE of Appearance by Kristin G. Ali on behalf of Katheena Soneeya (Ali, Kristin) (Entered: 01/29/2010)

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Feb 2, 2010

Electronic Clerk's Notes for proceedings held before Judge Nancy Gertner: Scheduling Conference held on 2/2/2010. Revised Joint Statement to be filed on or before 2/9/10. Bench Trial set for 12/6/2010 09:00 AM; Pretrial Conference set for 11/16/2010 02:30 PM in Courtroom 2 before Judge Nancy Gertner. (Court Reporter: none.)(Attorneys present: Atty Day, Lable, Ali, McFarland) (Molloy, Maryellen)

39

Feb 5, 2010

REPORT of Rule 26(f) Planning Meeting. (Lable, Cori) (Entered: 02/05/2010)

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40

Feb 12, 2010

MOTION for Protective Order by Harold W. Clarke.(McFarland, Richard) (Entered: 02/12/2010)

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41

Feb 12, 2010

MEMORANDUM in Support re 40 MOTION for Protective Order filed by Harold W. Clarke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(McFarland, Richard) (Entered: 02/12/2010)

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42

Feb 12, 2010

CERTIFICATE OF CONSULTATION re 40 MOTION for Protective Order by Harold W. Clarke by Harold W. Clarke. Related document: 40 MOTION for Protective Order filed by Harold W. Clarke.(McFarland, Richard) (Entered: 02/12/2010)

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Feb 12, 2010

ELECTRONIC NOTICE Setting Hearing on Motion 40 MOTION for Protective Order: Motion Hearing set for 5/5/2010 at 11:45 AM in Courtroom 23 before Magistrate Judge Robert B. Collings. (Dolan, Kathleen)

43

Feb 26, 2010

MEMORANDUM in Opposition re 40 MOTION for Protective Order filed by Katheena Soneeya. (Day, Alfred) (Entered: 02/26/2010)

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44

Feb 26, 2010

DECLARATION re 43 Memorandum in Opposition to Motion by Alfred A. Day by Katheena Soneeya. (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, # 9 Exhibit I)(Day, Alfred) (Entered: 02/26/2010)

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45

Apr 16, 2010

Judge Nancy Gertner: ORDER entered. REFERRING CASE to Magistrate Judge Robert B. Collings Referred for: Full Pretrial Proceedings not including dispositive motions and for ruling on Motion for Protective Order, Document No. 40 Motions referred: 40 MOTION for Protective Order (Boyce, Kathy) Motions referred to Robert B. Collings. (Entered: 04/16/2010)

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May 5, 2010

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Robert B. Collings: Hearing on 40 Motion for Protective Order held on 5/5/2010. After hearing, Court grants motion because the requests and interrogatories are grossly overbroad. Since plaintiff in this case seeks only injunctive relief, the Court would be inclined to lift the protective order as to certain more limited discovery as to items or treatment denied to the plaintiff under current regulations which have been granted to other GID inmates either at present or in the past. Plaintiff's counsel is urged to decide what information limited in this manner is sought and discuss the matter with counsel for the defendant. If agreement cannot be reached, limited discovery may be served, and if defendant refuses to produce it, a motion to amend the protective order and to compel that more limited discovery may be filed. (Court Reporter: Digital Recording: 12:07-12:34)(Attorneys present: Ali, Day, Lable, McFarland)

46

Jun 29, 2010

Assented to MOTION for Discovery - Leave to Depose Inmate Plaintiff by Harold W. Clarke.(McFarland, Richard) (Entered: 06/29/2010)

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Jun 29, 2010

Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting 46 Defendant's Assented-to Motion for Leave to Depose Inmate Plaintiff.

47

Sep 21, 2010

Recommendations for Scheduling Order re Pretrial Deadlines. (Day, Alfred) (Entered: 09/21/2010)

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Sep 22, 2010

ELECTRONIC NOTICE Resetting Pretrial Conference and Bench Trial. Pretrial Conference reset to 3/14/2011 02:30PM; Bench Trial reset to 3/28/2011 09:00AM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen)

Sep 22, 2010

Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered. re 47 Recommendations for Scheduling Order. The Court APPROVES the proposed schedule. Exchange of initial expert reports must be competed by cob 11/12/2010; exchange of rebuttal expert reports must be completed by cob 12/10/2010; expert depositions must be completed by cob 1/7/2011. An Order re: Summary Judgment motions shall enter.

48

Sep 22, 2010

Magistrate Judge Robert B. Collings: SCHEDULING ORDER RE: SUMMARY JUDGMENT MOTIONS - RULE 16 (b), FED. R.CIV. P.(Dolan, Kathleen) (Entered: 09/23/2010)

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49

Oct 7, 2010

NOTICE of Change of Address or Firm Name by Alfred A. Day (Day, Alfred) (Entered: 10/07/2010)

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50

Nov 12, 2010

MOTION for Leave to File Second Amended Complaint by Katheena Soneeya. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Lable, Cori) (Entered: 11/12/2010)

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51

Nov 12, 2010

DECLARATION re 50 MOTION for Leave to File Second Amended Complaint of Cori A. Lable by Katheena Soneeya. (Attachments: # 1 Exhibit 1 to Declaration of Cori A. Lable)(Lable, Cori) (Entered: 11/12/2010)

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52

Dec 3, 2010

First MOTION to Compel Production of Documents by Katheena Soneeya.(Ali, Kristin) (Entered: 12/03/2010)

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53

Dec 3, 2010

MEMORANDUM in Support re 52 First MOTION to Compel Production of Documents filed by Katheena Soneeya. (Ali, Kristin) (Entered: 12/03/2010)

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54

Dec 3, 2010

DECLARATION re 53 Memorandum in Support of Motion to Compel Production of Documents by Katheena Soneeya. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Ali, Kristin) (Entered: 12/03/2010)

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Dec 3, 2010

ELECTRONIC NOTICE issued requesting courtesy copy of Docket #54. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office as soon as possible. These documents must be clearly marked as a Courtesy Copy for Magistrate Judge Robert B. Collings and reflect the document number assigned by CM/ECF. (Dolan, Kathleen)

Dec 7, 2010

Magistrate Judge Robert B. Collings: ENDORSED ORDER entered granting 50 Motion for Leave to File Document, no opposition having been filed. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Irwin, Nancy)

55

Dec 7, 2010

AMENDED COMPLAINT Plaintiff's Second Amended Complaint against Harold W. Clarke, filed by Katheena Soneeya.(Lable, Cori) (Entered: 12/07/2010)

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56

Dec 10, 2010

MOTION for Discovery -Motion for an Order Compelling Plaintiff to Submit to a Mental Examination by Harold W. Clarke.(McFarland, Richard) (Entered: 12/10/2010)

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57

Dec 10, 2010

MEMORANDUM in Support re 56 MOTION for Discovery -Motion for an Order Compelling Plaintiff to Submit to a Mental Examination filed by Harold W. Clarke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(McFarland, Richard) (Entered: 12/10/2010)

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58

Dec 10, 2010

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 56 MOTION for Discovery -Motion for an Order Compelling Plaintiff to Submit to a Mental Examination by Richard C. McFarland on behalf of Harold W. Clarke by on behalf of Harold W. Clarke. Related document: 56 MOTION for Discovery -Motion for an Order Compelling Plaintiff to Submit to a Mental Examination filed by Harold W. Clarke.(McFarland, Richard) (Entered: 12/10/2010)

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59

Dec 14, 2010

Opposition re 52 First MOTION to Compel Production of Documents filed by Harold W. Clarke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(McFarland, Richard) (Entered: 12/14/2010)

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60

Dec 15, 2010

Opposition re 56 MOTION for Discovery -Motion for an Order Compelling Plaintiff to Submit to a Mental Examination filed by Katheena Soneeya. (Day, Alfred) (Entered: 12/15/2010)

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61

Dec 15, 2010

DECLARATION re 60 Opposition to Motion by Katheena Soneeya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Day, Alfred) (Entered: 12/15/2010)

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62

Dec 15, 2010

MOTION for Leave to File Reply Brief In Support of Plaintiff's Motion To Compel by Katheena Soneeya. (Attachments: # 1 Exhibit Exhibit A - Reply Brief In Suport of Plaintiff's Motion To Compel)(Ali, Kristin) (Entered: 12/15/2010)

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Dec 20, 2010

ELECTRONIC NOTICE Setting Hearing on Motion 56 MOTION for Discovery -Motion for an Order Compelling Plaintiff to Submit to a Mental Examination : Motion Hearing set for 12/21/2010 at 04:30 PM in Courtroom 23 before Magistrate Judge Robert B. Collings. (Dolan, Kathleen)

63

Dec 20, 2010

Letter/request (non-motion) from Defendant Regarding Rule 35 Motion. (McFarland, Richard) (Entered: 12/20/2010)

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Dec 20, 2010

NOTICE Cancelling Motion hearing scheduled for 12/21/10 at 4:30 P.M.(Dolan, Kathleen)

Dec 21, 2010

ELECTRONIC NOTICE Setting Hearing on Motion 56 MOTION for Discovery -Motion for an Order Compelling Plaintiff to Submit to a Mental Examination, 52 First MOTION to Compel Production of Documents : Motion Hearing set for 1/6/2011 at 02:30 PM in Courtroom 23 before Magistrate Judge Robert B. Collings. (Dolan, Kathleen)

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Dec 29, 2010

NOTICE by Harold W. Clarke of Successor Defendant (McFarland, Richard) (Entered: 12/29/2010)

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Dec 29, 2010

ANSWER to 55 Amended Complaint by Ronald T. Duval.(McFarland, Richard) (Entered: 12/29/2010)

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Dec 30, 2010

Magistrate Judge Robert B. Collings: ENDORSED ORDER entered granting 62 Motion for Leave to File Document, no opposition having been filed; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Dolan, Kathleen)

66

Jan 3, 2011

REPLY to Response to 52 First MOTION to Compel Production of Documents filed by Katheena Soneeya. (Lable, Cori) (Entered: 01/03/2011)

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Jan 4, 2011

ELECTRONIC NOTICE Setting Hearing on Motion 56 MOTION for Discovery -Motion for an Order Compelling Plaintiff to Submit to a Mental Examination, 52 First MOTION to Compel Production of Documents : Motion Hearing set for 1/10/2011 at 02:30 PM in Courtroom 23 before Magistrate Judge Robert B. Collings. (THE JANUARY 6, 2011 MOTION HEARING IS CANCELLED).(Dolan, Kathleen)

Jan 10, 2011

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Robert B. Collings: Motion Hearing held on 1/10/2011 re 56 MOTION for Discovery -Motion for an Order Compelling Plaintiff to Submit to a Mental Examination filed by Harold W. Clarke, 52 First MOTION to Compel Production of Documents filed by Katheena Soneeya. Court to allow 56 in a separate order. 52 taken under advisement. Defendant's counsel to submit documents asserted to be privileged to the Court for an in camera inspection. (Digital Recording: 14:27-15:17))(Attorneys present: Day, Ali, McFarland).

Jan 10, 2011

Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting 56 Motion for Discovery. Defendant may conduct the evaluation as requested. Defendant shall serve full and complete expert reports as required by the Federal Rules of Civil Procedure as to any expert witness it intends to call at trial on or before the close of business on January 31, 2011. Depositions of experts shall be completed on or before the close of business on February 28, 2011. If necessary, plaintiff shall supplement her expert report pursuant to Rule 26(a)(2)(D), Fed. R. Civ. P., no less than 5 days prior to the date on which plaintiff's expert's deposition is scheduled. The issue of whether the defendant will be permitted to call more than one expert at trial, and if so, how many, is reserved to the trial judge.

Jan 18, 2011

Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered denying 52 Motion to Compel. Plaintiff's First Amended Complaint asserts two claims, both based on federal law, i.e. Sec. 1983. While it is true that the Commonwealth of Massachusetts has no deliberative process privilege, it is also beyond cavil that such a privilege exists under federal common law and that such federal privilege is applicable in cases brought in federal court asserting claims under federal law. Williams v. City of Boston, 213 F.R.D. 99, 100 (D. Mass., 2003). The privilege is "...qualified and not absolute and...the courts 'are obligated to balance conflicting interests on a case-by case basis.'" Id. quoting Gomez v. City of Nashua, 110 F.R.D. 432, 434 (D.N.H., 1989)(other citation omitted). In the instant case, the interest of the Department of Correction is substantial. The issue of the extent to which prison officials should afford treatment to inmates with Gender Identity Disorder is somewhat controversial; the formulation of a policy of that issue would involve candid discussions on every aspect of the issue. As the Supreme Court has written: "The deliberative process privilege rests on the obvious realization that officials will not communicate candidly among themselves if each remark is a potential item of discovery and front page news, and its object is to enhance the quality of agency decision by protecting open and frank discussion among those who make them within the Government." Klamath Water Users Protective Ass'n, 532 U.S. 1, 8-9 (2001)(internal quotation marks and citations omitted). The plaintiff has not demonstrated that its need for the documents outweighs the interest of the Department of Correction. At most, the plaintiff asserts that the documents are discoverable because that they are "reasonably calculated to lead to the discovery of admissible evidence." Rule 26(b)*(1), Fed. R. Civ. P. See 66 at 3. This is an insufficient basis upon which to overcome the qualified privilege. Since the Court has sustained the assertion of the deliberative process privilege, the Department of Corrections need not submit the documents for an in camera inspection to determine whether they are protected by the attorney-client privilege.

Jan 27, 2011

Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered re 52 First MOTION to Compel Production of Documents filed by Katheena Soneeya. It appears that counsel for the defendants submitted the documents for an in camera inspection before the Court ruled on the motion indicating that there was no need for an in camera inspection. Accordingly, the Clerk is directed to return the submitted documents 67 to counsel for the defendants forthwith.

Feb 4, 2011

ELECTRONIC NOTICE Resetting PTC and Bench Trial: Bench Trial reset to 5/31/2011 09:00AM; Pretrial Conference reset to 5/16/2011 02:30 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen)

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Feb 16, 2011

Joint MOTION to Amend 48 Scheduling Order, Order on Motion for Discovery,,, by Katheena Soneeya.(Day, Alfred) (Entered: 02/16/2011)

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Feb 16, 2011

Set/Reset Deadlines: Summary Judgment Motions due by 3/25/2011; oppositions due 4/15/11. (Dolan, Kathleen)

Feb 17, 2011

Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting 68 Joint Motion to Modify Case Schedule. (Dolan, Kathleen)

69

Mar 22, 2011

Joint MOTION to Modify Case Schedule by Harold W. Clarke.(McFarland, Richard) (Entered: 03/22/2011)

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Mar 23, 2011

Judge Nancy Gertner: ELECTRONIC ORDER entered granting 69 Motion for Modification of Case Schedule (Johnson, Jay)

Mar 23, 2011

Set/Reset Deadlines: Summary Judgment Motions due by 4/8/2011 oppositions due 4/29/11 (Johnson, Jay)

Mar 23, 2011

ELECTRONIC NOTICE Canceling a Hearing. Hearing canceled: Pretrial and Trial dates. (Folan, Karen)

70

Apr 6, 2011

MOTION for Leave to File Excess Pages by Luis S. Spencer.(McFarland, Richard) (Entered: 04/06/2011)

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Apr 7, 2011

Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered. Discovery is complete as of April 5, 2011 when the time period for deposing experts ended. Accordingly, the Clerk is ORDERED to return the file to the Clerk's Office and note on the docket that the case is "no longer referred" to Judge Collings.

Apr 7, 2011

Case no longer referred to Magistrate Judge Robert B. Collings. (Dolan, Kathleen)

71

Apr 8, 2011

MOTION for Summary Judgment by Luis S. Spencer.(McFarland, Richard) (Entered: 04/08/2011)

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Apr 8, 2011

MEMORANDUM in Support re 71 MOTION for Summary Judgment filed by Luis S. Spencer. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(McFarland, Richard) (Entered: 04/08/2011)

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Apr 13, 2011

ELECTRONIC NOTICE of Reassignment. Judge Richard G. Stearns added. Judge Nancy Gertner no longer assigned to case. (Abaid, Kimberly)

Apr 15, 2011

ELECTRONIC NOTICE issued requesting courtesy copy for 72 Memorandum in Support of Motion, 71 MOTION for Summary Judgment. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office within three days.. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Flaherty, Elaine)

Apr 25, 2011

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 70 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Flaherty, Elaine)

73

Apr 25, 2011

Assented to MOTION for Extension of Time to 05/06/2011 to File Response/Reply as to 72 Memorandum in Support of Motion, 71 MOTION for Summary Judgment by Katheena Soneeya.(Day, Alfred) (Entered: 04/25/2011)

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74

Apr 25, 2011

MOTION for Leave to File Excess Pages by Luis S. Spencer.(McFarland, Richard) (Entered: 04/25/2011)

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Apr 27, 2011

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 73 Assented to MOTION for Extension of Time to 05/06/2011 to File Response/Reply as to 71 MOTION for Summary Judgment; and granting 74 Motion for Leave to File Excess Pages: memorandum of law in support of his motion for summary judgment; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Seelye, Terri)

75

May 3, 2011

Judge Richard G. Stearns: PROCEDURAL ORDER entered re pretrial/trial Final Pretrial Conference set for 8/18/2011 at 3:00 PM and Jury Trial set for 8/22/2011 at 9:00 AM both in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered: 05/03/2011)

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May 5, 2011

ELECTRONIC NOTICE Setting Hearing on 71 MOTION for Summary Judgment : Motion Hearing set for 6/9/2011 at 11:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)

76

May 6, 2011

MEMORANDUM in Opposition re 71 MOTION for Summary Judgment filed by Katheena Soneeya. (Lable, Cori) (Entered: 05/06/2011)

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77

May 6, 2011

DECLARATION re 76 Memorandum in Opposition to Motion for Summary Judgment by Katheena Soneeya. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit)(Lable, Cori) (Entered: 05/06/2011)

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78

May 6, 2011

DECLARATION re 76 Memorandum in Opposition to Motion for Summary Judgment by Katheena Soneeya. (Lable, Cori) (Entered: 05/06/2011)

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79

May 6, 2011

DECLARATION re 76 Memorandum in Opposition to Motion for Summary Judgment by Katheena Soneeya. (Lable, Cori) (Entered: 05/06/2011)

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80

May 6, 2011

Statement of Material Facts L.R. 56.1 re 71 MOTION for Summary Judgment filed by Katheena Soneeya. (Lable, Cori) (Entered: 05/06/2011)

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81

May 13, 2011

STIPULATION regarding Matter to be Tried by the Court by Department of Correction, Katheena Soneeya. (Day, Alfred) (Entered: 05/13/2011)

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82

May 17, 2011

MOTION to Strike 72 Memorandum in Support of Motion, Affidavit of Luis S. Spencer by Katheena Soneeya.(Day, Alfred) (Entered: 05/17/2011)

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83

May 17, 2011

MEMORANDUM in Support re 82 MOTION to Strike 72 Memorandum in Support of Motion, Affidavit of Luis S. Spencer filed by Katheena Soneeya. (Day, Alfred) (Entered: 05/17/2011)

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84

May 18, 2011

MOTION for Leave to File Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by Luis S. Spencer.(McFarland, Richard) (Entered: 05/18/2011)

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May 18, 2011

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 84 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Zierk, Marsha)

85

May 19, 2011

REPLY to Response to 73 Assented to MOTION for Extension of Time to 05/06/2011 to File Response/Reply as to 72 Memorandum in Support of Motion, 71 MOTION for Summary Judgment filed by Luis S. Spencer. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(McFarland, Richard) (Entered: 05/19/2011)

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86

May 25, 2011

Notice of Supplemental Authorities re 71 MOTION for Summary Judgment Memorandum in Opposition (Attachments: # 1 Supplemental Authority)(Day, Alfred) (Entered: 05/25/2011)

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87

May 25, 2011

NOTICE by Luis S. Spencer of Successor Defendant (McFarland, Richard) (Entered: 05/25/2011)

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May 27, 2011

ELECTRONIC NOTICE of Reassignment. Judge Joseph L. Tauro added. Judge Richard G. Stearns no longer assigned to case. (Abaid, Kimberly)

88

May 27, 2011

Opposition re 82 MOTION to Strike 72 Memorandum in Support of Motion, Affidavit of Luis S. Spencer filed by Luis S. Spencer. (McFarland, Richard) (Entered: 05/27/2011)

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Jun 1, 2011

ELECTRONIC NOTICE OF RESCHEDULINGPending Motions Hearing set for 7/7/2011 11:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita)

Jul 7, 2011

ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Status Conference held on 7/7/2011. Case is set for a non jury trial onOctober 3, 2011 at 10:00 a.m. A trial order will issue. (Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Label,Ali,pltfs; McFarland,Kennedy,defts.) (Lovett, Zita)

89

Jul 7, 2011

Judge Joseph L. Tauro: ORDER entered. After a Hearing held on 7/7/2011, this court hereby orders that: Plaintiff's Motion to Strike Affidavit of Luis S. Spencer 82 is ALLOWED. The Affidavit is hereby STRICKEN. Defendant's Motion for Summary Judgment 71 is DENIED because genuine and material disputes of fact exist in this case. Non-Jury Trial is scheduled for 10/3/2011 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) (Entered: 07/11/2011)

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90

Aug 10, 2011

NOTICE of Withdrawal of Appearance by Anthony R. Brighton (Brighton, Anthony) (Entered: 08/10/2011)

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91

Aug 19, 2011

Assented to MOTION to Continue Trial Date to 01/30/12 by Katheena Soneeya.(Day, Alfred) (Entered: 08/19/2011)

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92

Aug 23, 2011

Judge Joseph L. Tauro: ENDORSED ORDER entered ALLOWED, No Further Extensions to be Granted re 91 Assented to Motion to Continue Trial Date. Non-Jury Trial set for 1/30/2012 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Geraldino-Karasek, Clarilde) (Entered: 08/24/2011)

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93

Oct 3, 2011

Transcript of Motion Hearing held on July 7, 2011, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Helana Kline at helanakline@aol.com Redaction Request due 10/24/2011. Redacted Transcript Deadline set for 11/3/2011. Release of Transcript Restriction set for 1/3/2012. (Scalfani, Deborah) (Entered: 10/03/2011)

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94

Oct 3, 2011

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 10/03/2011)

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95

Nov 14, 2011

NOTICE of Supplemental Authority by Katheena Soneeya (Attachments: # 1 Exhibit A)(Day, Alfred) Modified docket text on 12/5/2011 to correct docket entry (Geraldino-Karasek, Clarilde). (Entered: 11/14/2011)

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96

Dec 2, 2011

NOTICE of Supplemental Authority by Katheena Soneeya (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ali, Kristin) Modified docket text on 12/5/2011 to correct docket entry (Entered: 12/02/2011)

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97

Dec 2, 2011

JOINT STATEMENT of Counsel Concerning Pretrial Schedule by Katheena Soneeya (Ali, Kristin) Modified on 12/5/2011 to correct docket entry (Geraldino-Karasek, Clarilde). (Entered: 12/02/2011)

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Dec 6, 2011

ELECTRONIC NOTICE of Hearing. Final Pretrial Conference set for 1/25/2012 02:15 PM in Courtroom 22 before Judge Joseph L. Tauro. Court adopts parties joint pretrial schedule.(Lovett, Zita)

98

Dec 9, 2011

Defendant's RESPONSE by Luis S. Spencer to 96 Plaintiff's NOTICE of Supplemental Authority . (McFarland, Richard) Modified on 12/19/2011 docket text in accordance with response filed. (Geraldino-Karasek, Clarilde). (Entered: 12/09/2011)

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99

Dec 21, 2011

Response by Katheena Soneeya to 98 Response by Luis S. Spencer to Katheena Soneeyas Notice of Supplemental Authority. (Ali, Kristin) (Entered: 12/21/2011)

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Jan 5, 2012

ELECTRONIC NOTICE of Hearing. Bench Trial set for 1/30/2012 10:30 AM in Courtroom 22 before Judge Joseph L. Tauro. Bench Trial set for 1/31/2012 10:30 AM in Courtroom 22 before Judge Joseph L. Tauro. Bench Trial set for 2/1/2012 10:30 AM in Courtroom 22 before Judge Joseph L. Tauro. Bench Trial set for 2/2/2012 10:30 AM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita)

100

Jan 6, 2012

NOTICE of Appearance by Joan T. Kennedy on behalf of Luis S. Spencer (Kennedy, Joan) (Entered: 01/06/2012)

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Jan 10, 2012

ELECTRONIC NOTICE OF RESCHEDULING Status/Final Pretrial Conference set for 1/18/2012 02:15 PM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita)

101

Jan 10, 2012

NOTICE of Appearance by Daniel V. McCaughey on behalf of Katheena Soneeya (McCaughey, Daniel) (Entered: 01/10/2012)

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102

Jan 10, 2012

NOTICE of Appearance by Jessica M. Lindemann on behalf of Katheena Soneeya (Lindemann, Jessica) (Entered: 01/10/2012)

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Jan 18, 2012

ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Final Pretrial Conference held on 1/18/2012. Case to proceed to trial, as scheduled, start time will be 10:00 a.m. daily. (Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Ali,Day,Lindemann,McCaughey,pltf;McFarland,Kennedy,deft.) (Lovett, Zita)

103

Jan 19, 2012

Writ of Habeas Corpus ad Prosequendum Issued for Non-Jury Trial set for 1/30/2012 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Geraldino-Karasek, Clarilde) (Entered: 01/20/2012)

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104

Jan 20, 2012

Joint Witness List by Katheena Soneeya, Luis S. Spencer. (McFarland, Richard) (Entered: 01/20/2012)

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105

Jan 20, 2012

MOTION in Limine by Luis S. Spencer.(McFarland, Richard) (Entered: 01/20/2012)

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106

Jan 20, 2012

PRETRIAL MEMORANDUM by Katheena Soneeya. (Day, Alfred) Modified on 1/23/2012 to removed MOTION in Limine filed as attachment to Pretrial Memorandum. Motion re-docketed re 108 (Geraldino-Karasek, Clarilde). (Entered: 01/20/2012)

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107

Jan 23, 2012

PRETRIAL MEMORANDUM by Luis S. Spencer. (McFarland, Richard) (Entered: 01/23/2012)

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108

Jan 23, 2012

MOTION in Limine by Katheena Soneeya. (Attachments: # 1 Exhibit)(Geraldino-Karasek, Clarilde) Re-docketed by Court Staff. Please note that Motions are to be filed as separate entry. (Geraldino-Karasek, Clarilde). (Entered: 01/23/2012)

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Jan 23, 2012

ELECTRONIC NOTICE issued requesting courtesy copy for 108 MOTION in Limine. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 5PM, 1/23/2012. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Geraldino-Karasek, Clarilde)

109

Jan 23, 2012

Judge Joseph L. Tauro: ORDER entered. After considering re 106 Plaintiff's Pretrial Memorandum, this court hereby DENIES Plaintiff's request for appointment of an independent expert. Under Fed. R. Civ. P. 7(b)(1), " A request for a court order must be made by motion. the motion must: (A) be in writing unless made during a hearing or trial; (B) state with particularity the grounds for seeking the order; and (C) state the relief sought." Plaintiff's request for appointment of an independent expert witness is not raised as a motion, and accordingly, the court will not treat it as one. The court also declines to appoint an expert sua sponte under Fed. R. Evid. 706. Plaintiff's request is untimely in light of the fact that the final pretrial conference has already occurred and this case is set for trial beginning on January 30, 2012. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) (Entered: 01/24/2012)

110

Jan 26, 2012

Opposition re 108 MOTION in Limine to Exclude Testimony of Stephen B. Levine, M.D. filed by Luis S. Spencer. (Attachments: # 1 Exhibits 1-2, # 2 Exhibits 3-4, # 3 Exhibits 5-6)(McFarland, Richard) (Entered: 01/26/2012)

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Att 1

Exhibits 1-2

Att 2

Exhibits 3-4

Att 3

Exhibits 5-6

111

Jan 29, 2012

MOTION to Strike Defense Witnesses Robert Diener, M.D., & Joel Andrade, Ph.D., and Memorandum in Support Thereof by Katheena Soneeya.(McCaughey, Daniel) (Entered: 01/29/2012)

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112

Jan 29, 2012

DECLARATION re 111 MOTION to Strike Defense Witnesses Robert Diener, M.D., & Joel Andrade, Ph.D., and Memorandum in Support Thereof by Daniel V. McCaughey by Katheena Soneeya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McCaughey, Daniel) (Entered: 01/29/2012)

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Jan 30, 2012

ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Bench Trial Day 1 held on 1/30/2012. Exhibits admitted without objection. Plaintiff's witness, evidence begins. Trial continues on 1/31/2012. (Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Ali,Day,Lindemann,McCaughey,pltf;McFarland,Kennedy,deft.) (Lovett, Zita)

114

Jan 30, 2012

Plaintiff's Exhibit List by Katheena Soneeya ( Filed in Open Court ). (Geraldino-Karasek, Clarilde) (Entered: 02/02/2012)

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Jan 31, 2012

ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Bench Trial Day 2 held on 1/31/2012. Evidence resumes, trial continued until2/1/2012. (Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Ali,Day,Lindemann,McCaughey,pltf;McFarland,Kennedy,deft.) (Lovett, Zita)

113

Feb 1, 2012

MOTION to Strike Certain Trial Testimony of Stephen Levine by Katheena Soneeya. (Attachments: # 1 Exhibit 1)(McCaughey, Daniel) (Entered: 02/01/2012)

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Att 1

Exhibit 1

Feb 1, 2012

ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Bench Trial Day 3 held on 2/1/2012. Trial resumes, evidence continues. (Court Reporter: Marcia Patrisso at 617-737-8728.)(Attorneys present: Ali,Day,Lindemann,McCaughey,pltf;McFarland,Kennedy,deft.) (Lovett, Zita)

Feb 2, 2012

ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Bench Trial Day 4 held on 2/2/2012. Evidence concluded, both sides rest.Defendant's oral motion for directed verdict is denied. Plaintiff's motion to strike is denied. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Ali,Day,Lindemann,McCaughey,pltf;McFarland,Kennedy,deft.) (Lovett, Zita)

115

Feb 7, 2012

Exhibit List by Luis S. Spencer.. (McFarland, Richard) (Entered: 02/07/2012)

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116

Feb 22, 2012

Transcript of Bench Trial Day 4 held on 2/2/12, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com Redaction Request due 3/14/2012. Redacted Transcript Deadline set for 3/26/2012. Release of Transcript Restriction set for 5/22/2012. (Folan, Karen) (Entered: 02/22/2012)

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Feb 22, 2012

ELECTRONIC NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Folan, Karen)

117

Feb 28, 2012

Transcript of Day One Bench Trial held on January 30, 2012, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Carol Scott at 617-330-1377 Redaction Request due 3/20/2012. Redacted Transcript Deadline set for 3/30/2012. Release of Transcript Restriction set for 5/28/2012. (Scalfani, Deborah) (Entered: 02/28/2012)

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118

Feb 28, 2012

Transcript of Day Two Bench Trial held on January 31, 2012, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Carol Scott at 617-330-1377 Redaction Request due 3/20/2012. Redacted Transcript Deadline set for 3/30/2012. Release of Transcript Restriction set for 5/28/2012. (Scalfani, Deborah) (Entered: 02/28/2012)

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Feb 28, 2012

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)

119

Mar 13, 2012

TRIAL BRIEF Plaintiff's Closing Argument by Katheena Soneeya. (Lable, Cori) (Entered: 03/13/2012)

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120

Mar 13, 2012

Proposed Findings of Fact by Katheena Soneeya. (Lable, Cori) (Entered: 03/13/2012)

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121

Mar 13, 2012

Proposed Document(s) submitted by Katheena Soneeya. Document received: [Proposed] Order of Judgment. (Lable, Cori) (Entered: 03/13/2012)

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122

Mar 13, 2012

Proposed Findings of Fact by Luis S. Spencer. (McFarland, Richard) (Entered: 03/13/2012)

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123

Mar 14, 2012

TRIAL BRIEF Defendant's Closing Argument by Luis S. Spencer. (McFarland, Richard) (Entered: 03/14/2012)

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124

Mar 14, 2012

Proposed Findings of Fact by Luis S. Spencer. (McFarland, Richard) (Entered: 03/14/2012)

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125

Mar 29, 2012

Judge Joseph L. Tauro: ORDER entered. After a Bench Trial between 1/30/12 and 2/2/2012, and for the reasons set forth in the accompanying Memorandum, this court hereby enters Judgment in Favor of Plaintiff as to Counts I and II, and for Defendant as to Count III. This case is CLOSED. IT IS SO ORDERED. See ORDER for Details. (Geraldino-Karasek, Clarilde) (Entered: 03/29/2012)

126

Mar 29, 2012

Judge Joseph L. Tauro: ORDER entered. MEMORANDUM AND ORDER. This Court hereby enters Judgment in Favor of Plaintiff as to Counts I and II, and for Defendant as to Count III. AN ORDER HAS BEEN ISSUED. (Geraldino-Karasek, Clarilde) (Entered: 03/29/2012)

Mar 29, 2012

Civil Case Terminated. (Geraldino-Karasek, Clarilde)

127

Apr 12, 2012

MOTION for Attorney Fees and Bill of Costs by Katheena Soneeya.(Lable, Cori) (Entered: 04/12/2012)

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128

Apr 12, 2012

MEMORANDUM in Support re 127 MOTION for Attorney Fees and Bill of Costs filed by Katheena Soneeya. (Lable, Cori) (Entered: 04/12/2012)

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129

Apr 12, 2012

AFFIDAVIT in Support re 127 MOTION for Attorney Fees and Bill of Costs filed by Katheena Soneeya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, Part 1, # 3 Exhibit B, Part 2, # 4 Exhibit B, Part 3)(Lable, Cori) (Entered: 04/12/2012)

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130

Apr 12, 2012

Proposed Document(s) submitted by Katheena Soneeya. Document received: Proposed Order Granting Plaintiff's Motion for Award of Attorneys' Fees and Bill of Costs. (Lable, Cori) (Entered: 04/12/2012)

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131

Apr 27, 2012

MOTION for Extension of Time to May 11, 2012 to File Response/Reply as to 127 MOTION for Attorney Fees and Bill of Costs by Luis S. Spencer.(McFarland, Richard) (Entered: 04/27/2012)

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132

Apr 30, 2012

Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting 131 Motion for Extension of Time to File Response/Reply re 131 MOTION for Extension of Time to May 11, 2012 to File Response/Reply as to 127 MOTION for Attorney Fees and Bill of Costs Responses due by 4/11/2012 (Lovett, Zita) (Entered: 04/30/2012)

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133

May 11, 2012

Opposition re 127 MOTION for Attorney Fees and Bill of Costs filed by Luis S. Spencer. (McFarland, Richard) (Entered: 05/11/2012)

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134

May 23, 2012

MOTION to Withdraw as Attorney by Katheena Soneeya.(Lindemann, Jessica) (Entered: 05/23/2012)

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135

May 25, 2012

MOTION for Leave to File A Reply in Further Support of Plaintiff's Motion for Award of Attorneys' Fees and Bill of Costs [Unopposed] by Katheena Soneeya. (Attachments: # 1 Exhibit A)(McCaughey, Daniel) (Entered: 05/25/2012)

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136

May 29, 2012

Judge Joseph L. Tauro:ENDORSED ORDER entered ALLOWED 134 Motion to Withdraw as Attorney. Attorney Jessica M. Lindemann terminated (Geraldino-Karasek, Clarilde) (Entered: 05/30/2012)

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May 31, 2012

Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting 135 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lovett, Zita)

137

May 31, 2012

REPLY to Response to 127 MOTION for Attorney Fees and Bill of Costs filed by Katheena Soneeya. (McCaughey, Daniel) (Entered: 05/31/2012)

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138

Jun 25, 2012

Emergency MOTION for Hearing to Address Defendant's Compliance with the March 29, 2012 Order by Katheena Soneeya. (Attachments: # 1 Exhibit A)(Lable, Cori) (Entered: 06/25/2012)

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Jun 27, 2012

ELECTRONIC NOTICE of Hearing.Motion Hearing (Emergency Motion) set for 7/9/2012 11:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita)

139

Jul 3, 2012

RESPONSE to Motion re 138 Emergency MOTION for Hearing to Address Defendant's Compliance with the March 29, 2012 Order filed by Luis S. Spencer. (McFarland, Richard) (Entered: 07/03/2012)

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