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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-02-07
Status Re-Opened
Type Administrative Civil Actions|Civil Rights Act, G.l. C. 12 § 11 H
Docket 61 entries

Parties

Plaintiff Smith, Steven L.
Defendant Bober, Esq., Matthew D.

Lawyers

Docket Entries

  1. Attorney appearance On this date Pro Se added for Plaintiff Steven L. Smith
  2. Case assigned to: DCM Track A - Average was added on 02/07/2022
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit
  6. Endorsement on Application for Affidavit of indigency and request for waiver of normal fees and costs in compliance with general laws c 261 sec 29 (#3.0): ALLOWED indigency established as to normal costs and fess including service copies sent Feb 15,2022
  7. General correspondence regarding letter from Pro-se Plaintiff
  8. General correspondence regarding Letter from Pro-se Plaintiff (regarding summons) Applies To: Smith, Steven L. (Plaintiff)
  9. General correspondence regarding letter from Pro-se Plaintiff( regarding copies of complaint) Applies To: Smith, Steven L. (Plaintiff)
  10. JUDGMENT OF DISMISSAL (1-88) entered, service not completed for any party by deadline review.
  11. General correspondence regarding regarding service
  12. General correspondence regarding vacating dismissal
  13. Endorsement on Motion to vacate dismissal (#9.0): ALLOWED after review of pleading #9, court will treat as a motion to vacate dismissal, provided plaintiff provides court with current address and location. clerks will enclose summonses that were previously returned to clerks office. Motion to vacate dismissal is ALLOWED.
  14. General correspondence regarding proof of service.
  15. Plaintiff Steven L. Smith's Motion to request court order to accept, as served, defendant Matthew D Bober and to object the court has no address for him
  16. Endorsement on Motion to request court order to accept as served defendant Matthew D Bober and to object the court has no address for him (#11.0): DENIED without prejudice copies sent Oct 4,2022 Judge: Sullivan, Hon. William F
  17. Plaintiff Steven L. Smith's Motion for Summary judgment, Affidavit in support
  18. Endorsement on Motion for Summary judgment (#12.0): DENIED without prejudice. Summary Judgment is not appropriate motion to file at this stage of the proceedings. Judge: Buckley, Hon. Elaine M
  19. ORDER: Order of Notice of Alternate Service of Process
  20. Plaintiff Steven L. Smith's Motion to Request Court Order to Direct Clerk's Office to respond in writing to Pro-Se Plaintiff's Question Regarding Service of Summons and Complaint on Defendant Bober whom has twice failed to claim his certified Mail Addressed to his Legal Promulgated Address
  21. Affidavit of in support
  22. Endorsement on Motion to request court order to direct Clerk's Office to respond in writing to pro-se plaintiff's questions regarding service of summons and complaint on defendant Bober whom has twice failed to claim his certified mail addressed to his legal promulgated address (#14.0): DENIED see the courts ruling on paper#13 wherein the court allowed alternate service upon Bober copies sent Nov 7,2022 Judge: Buckley, Hon. Elaine M
  23. Self-Represented Plaintiff Steven L. Smith's Motion for summary judgment or court order
  24. Affidavit of Steven L Smith
  25. Endorsement on Motion for summary judgment (#15.0): DENIED See the court's ruling 10/12/22 which specifically allowed for alternative service upon attorney Bober-another copy of that ruling and order is attached. Should Plaintiff wish to proceed with his case he must comply with the courts order on alternative service. Judge: Buckley, Hon. Elaine M
  26. Plaintiff Steven L. Smith's Motion for two court orders
  27. Self-Represented Plaintiff Steven L. Smith's Motion to object to Honorable Buckley's ruling and request for court order
  28. Affidavit of Steven Smith
  29. Endorsement on Motion to request two court orders (#16.0): DENIED See the courts order re: alternative service upon defendant Bober, as to copy of the complaint, there is no legal basis for funds to be charged against defendant Bober as it is the plaintiff's obligation to effectuate service of process. Plaintiff should have in his legal file a copy of his complaint and there is no basis asserted for the need to resend to the plaintiff his complaint.
  30. Defendant Matthew D. Bober, Esq.'s EMERGENCY Motion for enlargement of time to file responsive pleading
  31. Attorney appearance On this date Jessica Gray Kelly, Esq. added as Private Counsel for Defendant Matthew D. Bober, Esq.
  32. Attorney appearance On this date Nancy Michelle Reimer, Esq. added as Private Counsel for Defendant Matthew D. Bober, Esq.
  33. Attorney appearance On this date Alexandra F Held, Esq. added as Private Counsel for Defendant Matthew D. Bober, Esq.
  34. Endorsement on Motion for enlargement of time to file responsive pleading (#18.0): ALLOWED
  35. Defendant Matthew D. Bober, Esq.'s Motion to dismiss complaint
  36. Matthew D. Bober, Esq.'s Memorandum in support of motion to dismiss
  37. Self-Represented Plaintiff Steven L. Smith's Motion to include additional documents and arguments in support of plaintiff's complaint
  38. Notice sent to parties about motion to dismiss Rule 12 hearing scheduled for April 13,2023 at 2:00PM Civil B Session Brockton
  39. Self-Represented Plaintiff Steven L. Smith's Motion to include documents in support of complaint, w/certificate of service; proposed exhibit X
  40. Plaintiff Steven L. Smith's Motion to include court session minutes of September 4, 2019 and October 3, 2019 or need 30 days time extension
  41. Plaintiff Steven L. Smith's Motion to oppose defendants rule 12 arguments
  42. Plaintiff Steven L. Smith's Motion to include documents in support of motion to oppose
  43. Self-Represented Plaintiff Steven L. Smith's Motion to Inlcude Domuments In support Of Plaintiff's Opposal To Defendant's Motion To Dissmiss, Affidavit in Support Of Motion, Motion in Support of Motions, Certificate of Service
  44. General correspondence regarding Change of Address letter
  45. Event Result:: Rule 12 Hearing scheduled on: 04/13/2023 02:00 PM Has been: Canceled For the following reason: By Court prior to date Hon. William F Sullivan, Presiding
  46. ORDER: DECISION AND ORDER ON PLAINTIFF'S MOTION TO INCLUDE DOCUMENTS IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION TO DISMISS The Court allows the plaintiffs requests to include the documents that have been submitted along with his motion. The court will handle the defendant's motion to dismiss as a motion for summary judgment. Both parties are granted leave to file memoranda and affidavits in support or in opposition to the defendant's Motion for Summary Judgment pursuant to Rule 12C.
  47. Defendant Matthew D. Bober, Esq.'s Motion to Dismiss The Complaint And For Summary Judgment ( Hearing Requested )
  48. Matthew D. Bober, Esq.'s Memorandum in support of His Motion To Dismiss And For Summary Judgment (supplemental)
  49. Defendant Matthew D. Bober, Esq.'s Statement of Undisputed Material Facts in Support Of His Motion For Summary Judgment
  50. Index To Joint Appendix
  51. change of address
  52. Plaintiff Steven L. Smith's Motion to Request extension of time to file a motion to Oppose Dismissal and Summary Judgment Motions by Defendants
  53. Opposition to (Mo.#34) filed by Matthew D. Bober, Esq.
  54. Self-Represented Plaintiff Steven L. Smith's Motion to Oppose Summary Judgment and Dismissal of Plaintiff's Complaint
  55. Self-Represented Plaintiff Steven L. Smith's Motion to Oppose Denial of Extension of Time
  56. Self-Represented Plaintiff Steven L. Smith's Motion to Include Evidence of Defendants Unethical and Fraudulent Practices
  57. Exhibits/Appendix Phone Perjury Documentation
  58. Affidavit of Holly B. Goodrich with letter
  59. Self-Represented Plaintiff Steven L. Smith's Motion to Seek Court Orders Necessary to Oppose Summary Judgment and Motion to Dismiss
  60. Affidavit filed by Self-Represented Plaintiff Steven L. Smith in support of Requests for Court Orders
  61. Habeas corpus issued as to Steven L. Smith at Barnstable County Correctional Facility (BCCF) for 08/02/2023 02:00 PM Rule 56 Hearing. Please Transport Defendant

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