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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-06-27
Status Open
Type Land Taking
Docket 51 entries

Parties

Plaintiff O'hearn, Iii, Henry J
Defendant Town Of Plympton|Cronin, Bradford T|Morin, Jr., Arthur B|Weikel, Jr., Henry L

Lawyers

Docket Entries

  1. Event Result:: Jury Waived Trial scheduled on: 11/13/2025 02:00 PM Has been: Not Held For the following reason: By Court prior to date Hon. Gregg J Pasquale, Presiding
  2. Civil action cover sheet filed.
  3. Demand for jury trial entered.
  4. Case assigned to: DCM Track F - Fast Track was added on 06/27/2022
  5. Case sent to Plymouth Superior - BROCKTON Location.
  6. Attorney appearance On this date Adam Simms, Esq. added as Private Counsel for Defendants Town Of Plympton, Bradford T Cronin, Arthur B Morin Jr and Harry L Weikel Jr as they are Members of the Board of Health of the Town of Plympton
  7. Defendant Town Of Plympton, Arthur B Morin, Jr. As member of The Board of Health of the Town of Plympton, Henry L Weikel, Jr. As member of The Board of Health of the Town of Plympton's Notice of filing notice of removal(US District Court)
  8. Defendant Town Of Plympton, Bradford T Cronin As member of The Board of Health of the Town of Plympton, Arthur B Morin, Jr. As member of The Board of Health of the Town of Plympton, Henry L Weikel, Jr. As member of The Board of Health of the Town of Plympton's Notice of filing Certified Copy of notice of removal
  9. Attorney appearance On this date Matthew J Hamel, Esq. added as Private Counsel for Defendant Town Of Plympton, Defendant Bradford T Cronin As member of The Board of Health of the Town of Plympton, Defendant Arthur B Morin, Jr. As member of The Board of Health of the Town of Plympton, Defendant Henry L Weikel, Jr. As member of The Board of Health of the Town of Plympton
  10. Attorney appearance On this date Colleen M Howard, Esq. added as Private Counsel for Defendant Town Of Plympton
  11. Case Remanded from United States District Court (22-11161-MJJ) Pleadings 1-41 complete. Case Remanded by Order of Hon. Judge Myong J. Joun (Only defendant, Town of Plympton remaining and only 1 count remaining- Count IV) 3/6/23 Paper 18; Court granted 13 Motion to Dismiss for failure to state a claim; Town of Plympton will be ONLY defendant remaining.
  12. Exhibits/Appendix
  13. Attorney appearance On this date Gregg J Corbo, Esq. added for Defendant Town Of Plympton
  14. Plaintiff, Defendant Henry J O'Hearn, III, Town Of Plympton's Joint Motion to continue / reschedule an event 07/17/2024 02:00 PM Conference to Review Status
  15. Event Result:: Conference to Review Status scheduled on: 07/17/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. William F Sullivan, Presiding
  16. Endorsement on Motion to continue pretrial conference (#9.0): ALLOWED Continued to 12/16/24 at 2pm for status Judge: Sullivan, Hon. William F
  17. Attorney appearance On this date Matthew J Hamel, Esq. dismissed/withdrawn as Private Counsel for Defendant Town Of Plympton
  18. Attorney appearance On this date Colleen M Howard, Esq. dismissed/withdrawn as Private Counsel for Defendant Town Of Plympton
  19. Attorney appearance On this date Adam Simms, Esq. dismissed/withdrawn as Private Counsel for Defendant Town Of Plympton
  20. Attorney appearance On this date David A Henig, Esq. added as Private Counsel for Plaintiff Henry J O'Hearn, III
  21. Plaintiff Henry J O'Hearn, III's Joint Motion to continue status conference
  22. Event Result:: Conference to Review Status scheduled on: 12/16/2024 02:00 PM Has been: Not Held For the following reason: Joint request of parties Hon. Sharon Donatelle, Presiding
  23. Endorsement on Motion to continue Status Conference (#15.0): ALLOWED by agreement Judge: Donatelle, Hon. Sharon
  24. Notice sent to all parties to appear for a Conference to Review Status on 1/23/2025 at 2:00pm
  25. Event Result:: Conference to Review Status scheduled on: 01/23/2025 02:00 PM Has been: Held as Scheduled Comments: Counsel for Plaintiff only appears. Continued to February 3, 2025 at 2:00 pm for further status conference. FTR Hon. Brian Glenny, Presiding
  26. Event Result:: Conference to Review Status scheduled on: 01/23/2025 02:00 PM Has been: Not Held For the following reason: Transferred to another session Hon. Brian Glenny, Presiding
  27. Plaintiff, Defendant Henry J O'Hearn, III, Town Of Plympton's Joint Statement for Scheduling
  28. Case called before both parties appear before the court, case will be a one half day jury trial on 9/8/25, FTC 8/19/25 and 7/29/25 at 2pm for FPTC. (Gant,J)(FTR)
  29. Defendant Town Of Plympton's Assented to Motion to extend deadline for expert disclosure
  30. Endorsement on Motion to Defendant Town Of Plympton's Assented to Motion to extend deadline for expert disclosure (#21.0): ALLOWED Judge: Donatelle, Hon. Sharon
  31. Henry J O'Hearn, III, Town Of Plympton's Joint Memorandum (Pretrial)
  32. Expert Declaration of Robert F. Silva
  33. Exhibits/Appendix
  34. Exhibits/Appendix
  35. Event Result:: Final Trial Conference scheduled on: 08/19/2025 02:00 PM Has been: Canceled For the following reason: By Court prior to date Hon. Gregg J Pasquale, Presiding
  36. Expert Disclosure Applies To: Town Of Plympton (Defendant)
  37. Event Result:: Final Pre-Trial Conference scheduled on: 07/29/2025 02:00 PM Has been: Held as Scheduled Hon. Gregg J Pasquale, Presiding
  38. Plaintiff Henry J O'Hearn, III files proposed Findings of Fact & Rulings of Law Applies To: O'Hearn, III, Henry J (Plaintiff)
  39. Proposed Exhibits Applies To: O'Hearn, III, Henry J (Plaintiff)
  40. Proposed Filings/Orders Proposed Findings of Fact
  41. Defendant Town Of Plympton's Certificate of service of proposed findings and order
  42. Event Result:: Jury Waived Trial scheduled on: 09/08/2025 09:00 AM Has been: Held as Scheduled Comments: Case called for hearing on jury-waived trial. Parties make opening statements. Plaintiff's case begins and Plaintiff rests. Defendant moves for a directed verdict (Denied). Case continued to September 11, 2025 at 9:00 a.m. for continuation of jury-waived trial and completion of the evidence. FTR Hon. Gregg J Pasquale, Presiding
  43. Event Result:: Jury Waived Trial scheduled on: 09/11/2025 09:00 AM Has been: Held as Scheduled Hon. Gregg J Pasquale, Presiding
  44. Event Result:: Jury Waived Trial scheduled on: 09/25/2025 09:00 AM Has been: Held as Scheduled Plaintiff and defendants rest. Post trial motions and findings are due to court by 10-1-25. The matter is continued to 10-15-25 at 2 pm for closing arguments before Pasquale, J. in Brockton. Hon. Gregg J Pasquale, Presiding
  45. Plaintiff Henry J O'Hearn, III's Assented to Motion to continue post-trial motion
  46. Event Result:: Jury Waived Trial scheduled on: 10/15/2025 02:00 PM Has been: Not Held For the following reason: Joint request of parties Hon. Gregg J Pasquale, Presiding
  47. Endorsement on Motion to continue post-trial hearing (#28.0): ALLOWED Hearing continued to November 13,2025 at 2:00pm Judge: Pasquale, Hon. Gregg J
  48. Notice sent to all parties to appear for a Jury Waived Trial on 11/13/2025 at 2:00pm
  49. Event Result:: Jury Waived Trial scheduled on: 11/13/2025 02:00 PM Has been: Not Held For the following reason: Transferred to another session Comments: to be heard in Courtroom 2 (Brockton Superior Court) before Pasquale, J. Kevin Riordan, Presiding
  50. Proposed Filings/Orders
  51. Defendant Town Of Plympton's Submission of post-trial brief

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