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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-04-28
Status Open
Type Equity Action Involving An Incarcerated Party
Docket 78 entries

Parties

Plaintiff Muldoon, Emmett S.
Defendant Department Of Correction|Mici, Carol

Docket Entries

  1. leading titled, Defendants' Opposition to Plaintiff's Motion to Vacate Court's Dismissal, filed with the court on 01/24/2024, returned to Timothy P Whooley, Esq. Department of Correction, Carol Mici In Official Capacity As Commissioner of the Department of Correction Original Already Filed on 01/22/24
  2. ase assigned to: DCM Track F - Fast Track was added on 04/28/2023
  3. riginal civil complaint filed.
  4. ivil action cover sheet filed.
  5. emand for jury trial entered.
  6. laintiff Emmett S. Muldoon's Motion to Waive Normal Fees and Costs (Affidavit of Indigency and Canteen Account Attached)
  7. laintiff Emmett S. Muldoon's Motion for Speedy Trial in Civil Actions for Persons Over 65 Years of Age
  8. ffidavit filed by Plaintiff Emmett S. Muldoon in support of Motion for Speedy Trial in Civil Actions for Persons Over 65 Years of Age
  9. ndorsement on Motion to waive normal fees and costs (#3.0): ALLOWED Notices Sent 5/12/23 Judge: Wrenn, Hon. Daniel M
  10. laintiff Emmett S. Muldoon's Motion for Court to Authorize Service of Process by Certified Mail
  11. ndorsement on Motion for court to authorize service of process by certified mail (#7.0): Other action taken Plaintiff may serve certified mail with green return receipt Notices Sent 5/16/23
  12. laintiff Emmett S. Muldoon's Motion for court to issue immediate preliminary injunction
  13. laintiff Emmett S. Muldoon's Motion for court to issue writ of habeas corpus ad testificandum
  14. vent Result:: Motion Hearing scheduled on: 06/13/2023 02:00 PM Has been: Canceled For the following reason: By Court prior to date Comments: Service not complete. Hon. Daniel M Wrenn, Presiding Staff: Cheryl Riddle, Assistant Clerk Magistrate
  15. ndorsement on Motion for court to issue immediate preliminary injunction (#8.0): DENIED Service required. Denied without prejudice pending service. Notices Sent 6/5/23 Judge: Wrenn, Hon. Daniel M
  16. ffidavit of Emmett S. Muldoon Pertaining to Service of Process Upon the Department of Correction and it's Commissioner, Carol Mici
  17. ervice Returned for Defendant Carol Mici In Official Capacity As Commissioner of the Department of Correction: Service via certified mail; Service made on 06/01/23. (GREEN CARD ATTACHED)
  18. ervice Returned for Defendant Department of Correction: Service via certified mail; Service made on 06/01/23. (GREEN CARD ATTACHED)
  19. laintiff Emmett S. Muldoon's Motion for Court to Reschedule Hearing on Motion for Speedy Trial in Civil Actions for Persons Over 65 Years of Age, and to Include Motion for Court to Schedule Hearing on Immediate Preliminary Injunction
  20. ertificate of service of attorney or Pro Se: Pro SeEmmett S. Muldoon
  21. abeas corpus issued as to Emmett S. Muldoon at MCI - Norfolk for 08/01/2023 02:00 PM Motion Hearing. via Zoom Room ID 160 428 0922 Password N/A Judge: Kenton-Walker, Hon. Janet
  22. laintiff Emmett S. Muldoon's Motion for Leave to Amend Immediate Preliminary Injunction
  23. laintiff Emmett S. Muldoon's Motion for Court to issue an Emergency Preliminary Injunction (Amended Motion)
  24. laintiff Emmett S. Muldoon's Motion for Court to Issue Writ of Habeas Corpus and Testificandum
  25. laintiff Emmett S. Muldoon's Request for Reasonable Modification to Conduct August 1, 2023 Hearing in Open Court Exhibits 1 and 2 IMPOUNDED
  26. ndorsement on Motion for leave to amend immediate preliminary injunction (#14.0): No Action Taken This motion will be heard on Aug. 1, 2023 as has been previously scheduled. Plaintiff shall appear via Zoom. Notices Sent 7/21/23 Judge: Kenton-Walker, Hon. Janet
  27. ndorsement on Motion for court to issue writ of habeas corpus ad testificandum (#17.0): DENIED as to in person. As per previously hearing, plaintiff shall appear via Zoom. Notices Sent 7/21/23 Judge: Kenton-Walker, Hon. Janet
  28. ndorsement on Request for reasonable modification to conduct August 1, 2023 hearing in open court (#16.0): No Action Taken See endorsement on pleading #17 Notices Sent 7/21/23 Judge: Kenton-Walker, Hon. Janet
  29. ndorsement on Motion for Court to Issue Writ of Habeas Corpus Ad Testificandum (#17.0): DENIED As per previously scheduled hearing, Plaintiff shall appear via zoom. Denied as to in person. Notices mailed 7/31/23 Judge: Kenton-Walker, Hon. Janet
  30. laintiff Emmett S. Muldoon's Motion to Impound Request for Reasonable Modification to Conduct August 1, 2023 hearing in open court
  31. laintiff Emmett S. Muldoon's Motion for reconsideration (expedited) on constructive denial of request for reasonable modification to conduct August 1, 2023 hearing in open court
  32. ttorney appearance On this date Nancy White, Esq. added for Defendant Department of Correction
  33. ndorsement on Motion to Impound Request for Reasonable Modification to Conduct August 1, 2023 Hearing in Open Court (#18.0): ALLOWED Notices mailed 7/31/23 Judge: Kenton-Walker, Hon. Janet
  34. ndorsement on Motion for Reconsideration (Expedited) on Constructive Denial of Request for Reasonable Modification to Conduct August 1, 2023 Hearing in Open Court (#19.0): DENIED As reasons, the court finds that Plaintiff is a prisoner and zoom hearings are the standard used in order to avoid security issues and unnecessary costs. Reasonable accommodation can be accomplished by use of head phones to assist the Plaintiff. Plaintiff's medical/auditory report, without more explanation, does not support Plaintiff's claim that only in person hearing will be adequate, particularly since if Plaintiff's claim is correct, he would require hearing accommodation if he appeared in person. Notices mailed 7/31/23 Judge: Kenton-Walker, Hon. Janet
  35. vent Result:: Motion Hearing scheduled on: 08/01/2023 02:00 PM Has been: Held as Scheduled Comments: FTR20 3:06 pm Some motions rescheduled for 9/12/2023 Hon. Janet Kenton-Walker, Presiding Staff: Cheryl Riddle, Assistant Clerk Magistrate
  36. ndorsement on Motion for reconsideration of the court's July 31, 2023 order (#20.0): Other action taken Moot as plaintiff is able to hear without headphones. This motion and exhibits are impounded as they contain medical information Notices Sent 8/3/23
  37. ttorney appearance On this date Nancy White, Esq. dismissed/withdrawn for Defendant Department of Correction
  38. ttorney appearance On this date Timothy P Whooley, Esq. added for Defendant Department of Correction
  39. ttorney appearance On this date Timothy P Whooley, Esq. added for Defendant Carol Mici In Official Capacity As Commissioner of the Department of Correction
  40. efendants Department of Correction's Motion to impound (Filed in court)
  41. ndorsement on Motion to impound (#21.0): ALLOWED Notices sent 8/3/23 Judge: Kenton-Walker, Hon. Janet
  42. efendants Department of Correction's Motion for enlargement of time to file responsive pleadings and opposition to Plaintiff's motion for preliminary injunction (Filed in court)
  43. ndorsement on Motion for enlargement of time to file responsive pleadings and opposition to Plaintiff's motion for preliminary injunction (#22.0): ALLOWED Defendant has until August 31, 2023 to file and serve a responsive pleading and an opposition to the plaintiff's motion for preliminary injunction. A hearing on the P.I. will occur on 9/12/23. Notices Sent 8/3/23 Judge: Kenton-Walker, Hon. Janet
  44. efendants Department of Correction's Motion for exemption from Superior Court Rule 9A (filed in court)
  45. ndorsement on Motion for exemption from Superior Court Rule 9A (#23.0): ALLOWED Notices Sent 8/3/23 Judge: Kenton-Walker, Hon. Janet
  46. ndorsement on Motion for speedy trial in civil actions for persons over 65 years of age (#4.0): No Action Taken as responsive pleadings have not been filed and served Notices Sent 8/3/23 Judge: Kenton-Walker, Hon. Janet
  47. abeas corpus issued as to Emmett S. Muldoon at MCI - Norfolk for 09/12/2023 02:00 PM Motion Hearing. Plaintiff to appear via Zoom: https://www.zoomgov.com/j/1604280922 Meeting ID: 160 428 0922 Judge: Kenton-Walker, Hon. Janet
  48. efendants Department of Correction, Carol Mici In Official Capacity As Commissioner of the Department of Correction's Motion to Dismiss Plaintiff's Complaint
  49. efendants Department of Correction, Carol Mici In Official Capacity As Commissioner of the Department of Correction's Memorandum in Support of Defendants' Motion to Dismiss Plaintiff's Complaint
  50. pposition to to Plaintiff's Amended Motion for Court to Issue an Emergency Preliminary Injunction filed by Department of Correction, Carol Mici In Official Capacity As Commissioner of the Department of Correction
  51. vent Result:: Motion Hearing scheduled on: 09/12/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Janet Kenton-Walker, Presiding Staff: Cheryl Riddle, Assistant Clerk Magistrate
  52. abeas corpus issued as to Emmett S. Muldoon at MCI - Norfolk for 10/19/2023 02:00 PM Rule 12 Hearing, 10/19/2023 02:00 PM Motion Hearing. By ZOOM Mtg ID 160 428 0922 (no passcode) Judge: Kenton-Walker, Hon. Janet
  53. ndorsement on Motion to Dismiss Plaintiff's Complaint (#24.0): Other action taken Plaintiff has 30 days to file a responsive pleading. Scheduled for hearing on 10/19/23 @ 2pm by zoom. Notices mailed 9/7/23 Judge: Kenton-Walker, Hon. Janet
  54. laintiff Emmett S. Muldoon's Response to Defendant's Opposition to his Amended Motion for Court to Issue an Emergency Preliminary Injunction
  55. laintiff Emmett S. Muldoon's Motion for Enlargement of Time to File Opposition to Defendant's Motion to Dismiss
  56. ffidavit filed by Plaintiff Emmett S. Muldoon in support of Plaintiff's Motion for Enlargement of Time to File Opposition to Defendant's Motion to Dismiss
  57. laintiff Emmett S. Muldoon's Motion for Court to Impound Exhibits 1 & 2 of Plaintiff's Affidavit in Support of Motion for Enlargement of Time to File Opposition to Defendant's Motion to Dismiss
  58. ndorsement on Motion for Enlargement of Time to File Opposition to Defendant's Motion to Dismiss (#27.0): ALLOWED Notices mailed 10/10/23 Judge: Wrenn, Hon. Daniel M
  59. ndorsement on Motion for Court to Impound Exhibits 1 & 2 of Plaintiff's Affidavit in Support of Motion for Enlargement of Time to File Opposition to Defendant's Motion to Dismiss (#28.0): ALLOWED Notices mailed 10/10/23 Judge: Wrenn, Hon. Daniel M
  60. vent Result:: Rule 12 Hearing scheduled on: 10/19/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Plaintiff Hon. Daniel M Wrenn, Presiding Staff: Cheryl Riddle, Assistant Clerk Magistrate
  61. vent Result:: Motion Hearing scheduled on: 10/19/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Daniel M Wrenn, Presiding Staff: Cheryl Riddle, Assistant Clerk Magistrate
  62. abeas corpus issued as to Emmett S. Muldoon at MCI - Norfolk for 11/30/2023 02:00 PM Rule 12 Hearing. Defendant's R12 Motion to Dismiss & Plaintiff's Motion for PI BY ZOOM Mtg ID 160 428 0922 (no pass code) Judge: Wrenn, Hon. Daniel M
  63. laintiff Emmett S. Muldoon's Motion for Enlargement of Time to File Opposition to Defendant's Motion to Dismiss
  64. ndorsement on Motion for enlargement of time to file opposition to Defendant's motion to dismiss (#29.0): ALLOWED Notices Sent 11/15/23 Judge: Wrenn, Hon. Daniel M
  65. laintiff Emmett S. Muldoon's Memorandum in Support of Opposition to Defendant's Motion to Dismiss (In Re: #24)
  66. atter taken under advisement: Rule 12 Hearing scheduled on: 11/30/2023 02:00 PM Has been: Held - Under advisement Comments: FTR Hon. Daniel M Wrenn, Presiding Staff: Cheryl Riddle, Assistant Clerk Magistrate
  67. atter taken under advisement: Motion Hearing scheduled on: 11/30/2023 02:00 PM Has been: Held - Under advisement Comments: FTR Hon. Daniel M Wrenn, Presiding Staff: Cheryl Riddle, Assistant Clerk Magistrate
  68. UDGMENT on Defendants, Department of Correction, Carol Mici In Official Capacity As Commissioner of the Department of Correction 12(b) motion to dismiss against Plaintiff(s) Emmett S. Muldoon. It is ORDERED and ADJUDGED: Judgment is hereby entered for the defendants and the complaint of the plaintiff be and hereby is dismissed against the above named defendants. Entered and Copies Mailed 12/4/23
  69. ndorsement on Motion for court to issue an emergency preliminary injunction (#15.0): DENIED Plaintiff has not shown a reasonable likelihood of success on the merits Notices Sent 12/4/23 Judge: Wrenn, Hon. Daniel M
  70. ndorsement on Motion to dismiss (#24.0): ALLOWED after hearing for the reasons advanced by the Defendant Notices Sent 12/4/23 Judge: Wrenn, Hon. Daniel M
  71. leading titled, Motion for Reasonable Modification to File a Post-Hearing Memorandum of Law, filed with the court on 12/11/2023, returned to Pro Se Emmett S. Muldoon Case Dismissed on 12/04/2023 Copy of Docket Report Sent on 12/11/2023
  72. leading titled, Plaintiff's Motion for Reasonable Accommodation of Obtaining a Copy of the November 30, 2023 Motion to Dismiss Transcript, filed with the court on 12/11/2023, returned to Pro Se Emmett S. Muldoon Case Dismissed on 12/04/2023 Copy of Docket Report Sent on 12/11/2023
  73. laintiff Emmett S. Muldoon's Motion to Vacate Court's November 4, 2023 Order, Granting Defendant's Motion to Dismiss
  74. laintiff Emmett S. Muldoon's Motion for leave to file First Amended Complaint
  75. ndorsement on Motion to vacate court's November 4, 2023 order, granting defendant's motion to dismiss (#32.0): Other action taken The Defendant has 20 days to file a responsive pleading Notices Sent 1/4/23
  76. pposition to to Plaintiff's Motion to Vacate Court's Dismissal filed by Department of Correction, Carol Mici In Official Capacity As Commissioner of the Department of Correction
  77. ndorsement on Motion to vacate court's November 4, 2023 order granting Defendant's motion to dismiss (#32.0): DENIED e-document sent 01/25/2024 Judge: Wrenn, Hon. Daniel M
  78. ndorsement on Motion for leave to file First Amended Complaint (#32.1): DENIED e-document sent 01/25/2024 Judge: Wrenn, Hon. Daniel M

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