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Docket Entries
- JUDGMENT on Defendants, Spectral Sciences Inc, Charles River Analytics Inc, Tagup Inc, Google Inc, JP Morgan Chase, Bank of America, Walmart, Capitol One, Amazon, Apple, Fedex, UPS, Disney, Nike, Nvidia, Netflix, Commonwealth of Massachusetts (as amended), Microsoft Corporation (as amended) 12(b) motion to dismiss against Plaintiff(s) Wilbertiny Jean-Marie. It is ORDERED and ADJUDGED: that the Defendants' Motion to Dismiss the Complaint Shall be ALLOWED. Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE and without costs. JUDGMENT entered on this date pursuant to the provisions of Mass. R. Civ. P. 58(a) and notice sent to parties pursuant to Mass. R. Civ. P. 77(d).
- Case assigned to: DCM Track X - Accelerated was added on 10/25/2022
- Original civil complaint filed.
- Civil action cover sheet filed.
- Docket Note: Four summonses in hand
- Plaintiff Wilbertiny Jean-Marie's Motion to Amend the Complaint
- Amended: amended complaint filed by Wilbertiny Jean-Marie
- Civil action cover sheet filed. AMENDED
- Plaintiff Wilbertiny Jean-Marie's Motion to Amend
- Endorsement on Motion to Amend the Complaint (#3.0): ALLOWED Motion to amend is permitted as of right. Plaintiff to file Amended Complaint within 20 days (dated 11/9/22) notice sent 11/15/22
- Attorney appearance electronically filed On this date Gina Fleury, Esq. added for Defendant Charles River Analytics Inc
- Attorney appearance electronically filed On this date Courtney A Longo, Esq. added for Defendant Charles River Analytics Inc
- Defendant Charles River Analytics Inc's EMERGENCY Motion to extend time for response to the complaint
- Amended: amended complaint filed by Wilbertiny Jean-Marie
- Endorsement on Motion to Extend Time to Respond to the Complaint (#7.0): No Action Taken No action taken. See endorsement on paper #6. (11/21/22) (Notice sent 11/25/22)
- Endorsement on Motion to Amend (#6.0): ALLOWED No answer having been filed and no prejudice ALLOWED. Second Amended Complaint shall be deemed filed as of today's date. Defendants shall respond to that Complaint under the rules. 11/21/22. Notice Sent 11/25/22. Judge: Squires-Lee, Hon. Debra A
- Endorsement on Motion to Extend Time to Respond to the Complaint. (#7.0): No Action Taken See endorsement on paper #6. 11/21/22. Notice Sent 11/25/22.
- Civil action cover sheet filed. (amended)
- Plaintiff Wilbertiny Jean-Marie's Submission of Facts
- Amended: Second Amended Complaint amended complaint filed by Wilbertiny Jean-Marie 11/21/22. Judge: Squires-Lee, Hon. Debra A
- Attorney appearance electronically filed.
- Attorney appearance electronically filed.
- Defendant Spectral Sciences Inc's Notice of Motion to Dismiss
- Defendant Charles River Analytics Inc's Notice of filing motion to dismiss
- Service Returned for Defendant Charles River Analytics Inc: Service through person in charge / agent;
- Service Returned for Defendant Spectral Sciences Inc: Service through person in charge / agent;
- Service Returned for Defendant Nvidia: Service through person in charge / agent;
- Attorney appearance On this date Thomas Christopher Donnelly, Esq. added for Defendant Nvidia
- Attorney appearance On this date Michelle Pascucci, Esq. added for Defendant Nvidia
- Plaintiff Wilbertiny Jean-Marie's Motion for Return of All filing Fees
- Defendant Capitol One's Notice of Motion to Dismiss
- Corporate Disclosure Statement Applies To: Capitol One (Defendant)
- Defendant Nvidia's Notice of Motion to Dismiss
- Defendant Nvidia's Statement of Corporate Disclosure
- Attorney appearance electronically filed. On this date Jasmine N Brown, Esq. added for Defendant Disney
- Attorney appearance electronically filed. On this date Michael P Boudett, Esq. added for Defendant Disney
- Defendant Spectral Sciences Inc's Submission of Corporate Disclosure Statement
- Defendant Disney's Notice of Intent to file Motion to Dismiss
- Defendant Disney's Submission of Corporate Disclosure Statement
- Service Returned for Defendant Disney: Service through person in charge / agent;
- Service Returned for Defendant Capitol One: Service through person in charge / agent;
- Attorney appearance electronically filed.
- Attorney appearance electronically filed.
- Attorney appearance electronically filed.
- Defendant Amazon's Submission of Superior Court Rule 9E Notice of Motion to Dismiss
- Defendant Capitol One's Motion to Dismiss Plaintiff's Amended Complaint for Failure to State A Claim on Which Relief can be Granted
- Capitol One's Memorandum in support of Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim on Which Relief Can Be Granted
- Opposition to Motion to Dismiss filed by Wilbertiny Jean-Marie
- Defendant Capitol One's Notice of Filing and Document List
- Attorney appearance On this date Patrick M Curran, Jr., Esq. added for Defendant Capitol One
- Attorney appearance On this date Olivia Vehslage, Esq. added for Defendant Capitol One
- The following form was generated: Notice to Appear Sent On: 12/16/2022 11:41:28
- Service Returned for Defendant UPS: Service through person in charge / agent;
- Service Returned for Defendant Amazon: Service through person in charge / agent;
- Service Returned for Defendant Tagup Inc: Service through person in charge / agent;
- Service Returned for Defendant Walmart: Service through person in charge / agent;
- Service Returned for Defendant Nike: Service through person in charge / agent;
- Service Returned for Defendant Netflix: Service through person in charge / agent;
- Service Returned for Defendant Fedex: Service through person in charge / agent;
- Service Returned for Defendant Bank of America: Service through person in charge / agent;
- Service Returned for Defendant Apple: Service through person in charge / agent;
- Service Returned for Defendant Charles River Analytics Inc: Service through person in charge / agent;
- Service Returned for Defendant Commonwealth of Massachusetts (as amended): Service through person in charge / agent;
- Service Returned for Defendant Google Inc: Service through person in charge / agent;
- Service Returned for Defendant JP Morgan Chase: Service through person in charge / agent;
- Defendant Spectral Sciences Inc's Motion to dismiss The Second Amended Complaint.
- Spectral Sciences Inc's Memorandum in support of Its Motion to dismiss The Second Amended Complaint.
- Opposition to Defendant Spectral Sciences Inc's Motion to dismiss The Second Amended Complaint. filed by Wilbertiny Jean-Marie
- Certificate of Compliance Superior Court Rule 9C
- Affidavit of compliance with Superior Court Rule 9A Applies To: Held, Esq., Alexandra F (Attorney) on behalf of Spectral Sciences Inc (Defendant)
- Rule 9A notice of filing Applies To: Held, Esq., Alexandra F (Attorney) on behalf of Spectral Sciences Inc (Defendant)
- Rule 9A list of documents filed. Applies To: Held, Esq., Alexandra F (Attorney) on behalf of Spectral Sciences Inc (Defendant)
- Defendant Disney's Notice of Filing
- Defendant Disney's Motion to Dismiss Amended Complaint
- Disney's Memorandum in support of Motion to Dismiss Amended Complaint
- Opposition to Motion to Dismiss filed by Wilbertiny Jean-Marie
- Disney's Reply Memorandum in support of Motion to Dismiss Amended Complaint
- The following form was generated: Notice to Appear Sent On: 12/22/2022 14:45:48
- Defendant Nvidia's Motion to Dismiss
- Nvidia's Memorandum in support of Motion to Dismiss with Prejudice
- Opposition to Motion to Dismiss filed by Wilbertiny Jean-Marie
- Nvidia's Reply Memorandum in support of Motion to Dismiss with Prejudice
- Attorney appearance electronically filed.
- Attorney appearance electronically filed.
- Defendant Netflix's Notice of Motion to Dismiss
- Attorney appearance electronically filed.
- Defendant Walmart's Submission of Corporate Disclosure Statement
- Defendant Walmart's Notice of Service of Motion to Dismiss
- Event Result:: Rule 12 Hearing scheduled on: 02/07/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Robert B Gordon, Presiding
- The following form was generated: Notice to Appear Sent On: 12/23/2022 11:50:20
- Attorney appearance electronically filed. Applies To: Silveira, Esq., Alison H (Attorney) on behalf of Bank of America (Defendant)
- Defendant Bank of America's Assented to Motion for Extension of Time to Respond to Plaintiff's Complaint.
- Defendant Charles River Analytics Inc's Motion to dismiss all counts
- Charles River Analytics Inc's Memorandum in support of motion to dismiss
- Opposition to motion to dismiss filed by Wilbertiny Jean-Marie
- Reply/Sur-reply in further support of motion to dismiss Applies To: Charles River Analytics Inc (Defendant)
- 9A Affidavit
- 9C Certification
- Notice of Filing
- 9A List of Documents
- Attorney appearance On this date Edwin Clark Pease, Esq. added for Defendant Tagup Inc
- Attorney appearance On this date Delaney M Busch, Esq. added for Defendant Tagup Inc
- Defendant Tagup Inc's Notice of Motion to Dismiss
- Corporate Disclosure Statement filed Applies To: Tagup Inc (Defendant)
- Attorney appearance On this date Erika D Cagney, Esq. added for Defendant Google Inc
- Defendant Google Inc's Notice for Motion to Dismiss
- Attorney appearance electronically filed. On this date Gareth W Notis, Esq. added for Defendant Fedex
- Attorney appearance electronically filed. On this date Stephen Troiano, Esq. added for Defendant Fedex
- Defendant Fedex's Submission of Corporate Disclosure Statement
- Defendant Fedex's Motion for Extension of Time to File a Responsive Pleading to Plaintiff's Amended Complaint
- Defendant Amazon's Submission of Corporate Disclosure Statement
- Defendant Netflix's Submission of Corporate Disclosure Statement
- The following form was generated: Notice to Appear Sent On: 12/30/2022 13:07:22
- The following form was generated: Notice to Appear Sent On: 12/30/2022 14:40:28
- Defendant JP Morgan Chase's Motion to extend time to respond to complaint
- Attorney appearance electronically filed. On this date Jonathan M Albano, Esq. added for Defendant JP Morgan Chase
- Endorsement on Motion for extension of time respond to plaintiff's complaint (#49.0): ALLOWED dated (12/30/2022) notice sent (1/3/2023)
- Endorsement on Motion for Extension of Time to File a Responsive Pleading to Plaintiff's Amended Complaint (#56.0): ALLOWED Allowed. FedEx's deadline to respond to Complaint extended to Jan. 12, 2023. 12/30/23 Notice Sent 1/3/23 Judge: Squires-Lee, Hon. Debra A
- Defendant Google Inc's Submission of Corporate Disclosure Statement
- Attorney appearance On this date J. LaPointe, Esq. added for Defendant Google Inc
- Endorsement on Motion to extend time to respond to complaint (#57.0): ALLOWED answer or other responsive pleading to be filed no later than Jan. 13, 2023. (dated 1/04/23) notice sent 1/05/23 Applies To: JP Morgan Chase (Defendant)
- Defendant Tagup Inc's Motion to Dismiss
- Tagup Inc's Memorandum in support of its Motion to Dismiss Plaintiff's Second Amended Complaint
- Opposition to Tagup Inc. filed by Wilbertiny Jean-Marie
- Tagup Inc's Reply Memorandum in support of Motion to Dismiss Plaintiff's Second Amended Complaint
- Plaintiff Wilbertiny Jean-Marie's Motion to Extend time Until Plaintiff has Legal Representation.
- Event Result:: Rule 12 Hearing scheduled on: 03/14/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Robert B Gordon, Presiding Staff: Paul Kenneally, Assistant Clerk Michael O'Loughlin, Assistant Clerk Magistrate
- Event Result:: Rule 12 Hearing scheduled on: 03/14/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Robert B Gordon, Presiding Staff: Paul Kenneally, Assistant Clerk Michael O'Loughlin, Assistant Clerk Magistrate
- Event Result:: Rule 12 Hearing scheduled on: 03/14/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Robert B Gordon, Presiding Staff: Paul Kenneally, Assistant Clerk Michael O'Loughlin, Assistant Clerk Magistrate
- The following form was generated: Notice to Appear Sent On: 01/10/2023 16:03:25
- Attorney appearance On this date Brendan F Sullivan, Esq. added for Defendant UPS
- Attorney appearance electronically filed.
- Defendant UPS's Notice of Motion to Dismiss
- Corporate Disclosure Statement filed Applies To: UPS (Defendant)
- Attorney appearance On this date Keri L Engelman, Esq. added for Defendant JP Morgan Chase
- Attorney appearance electronically filed.
- Defendant JP Morgan Chase's Motion to Extend Time to Respond to complaint
- Endorsement on Motion for extension of time (#63.0): Other action taken in an abundance of consideration in the plaintiff's circumstances, the clerk is directed to continue the consolidated motions to dismiss hearing by 30 days there will be no further extension. if no attorney has entered an appearance for the plaintiff by the date, Mr. wilbertiny will have to appear pro se or have dismissal of the action. dated (1/10/23) notice sent (1/11/12)
- Attorney appearance electronically filed.
- Attorney appearance electronically filed.
- Endorsement on Motion to Extend Time to Respond to Complaint. (#65.0): ALLOWED Allowed without opposition. Dated 1/13/23 Notice sent 1/18/23
- Amended: amended complaint filed by Wilbertiny Jean-Marie
- Service Returned for Defendant Microsoft Corporation (as amended): Service through person in charge / agent;
- Attorney appearance electronically filed.
- Attorney appearance electronically filed.
- Defendant Apple's Notice of Motion to Dismiss
- Event Result:: Hearing (ADR) scheduled on: 02/06/2023 02:00 PM Has been: Held as Scheduled Hon. Robert B Gordon, Presiding Staff: Paul Kenneally, Assistant Clerk Michael O'Loughlin, Assistant Clerk Magistrate
- The following form was generated: Notice to Appear Sent On: 02/06/2023 15:29:05
- The following form was generated: Notice to Appear Sent On: 02/06/2023 15:30:57
- The following form was generated: Notice to Appear Sent On: 02/06/2023 15:33:48
- The following form was generated: Notice to Appear Sent On: 02/06/2023 15:35:56
- The following form was generated: Notice to Appear Sent On: 02/06/2023 15:37:52
- The following form was generated: Notice to Appear Sent On: 02/06/2023 16:16:54
- The following form was generated: Notice to Appear Sent On: 02/07/2023 09:38:24
- The following form was generated: Notice to Appear Sent On: 02/07/2023 09:40:26
- The following form was generated: Notice to Appear Sent On: 02/07/2023 09:42:51
- Defendant JP Morgan Chase, UPS, Amazon, Netflix, Amazon, Fedex, Walmart, Bank of America, Commonwealth of Massachusetts (as amended), Google Inc's Motion to Extend Time to File Consolidated Motion to Dismiss
- Opposition to Plaintiff's Implied Motion for Leave to File Third Amended Complaint filed by Nvidia Applies To: Charles River Analytics Inc (Defendant); Tagup Inc (Defendant); Google Inc (Defendant); JP Morgan Chase (Defendant); Bank of America (Defendant); Walmart (Defendant); Capitol One (Defendant); Amazon (Defendant); Fedex (Defendant); UPS (Defendant); Disney (Defendant); Nvidia (Defendant); Netflix (Defendant); Commonwealth of Massachusetts (as amended) (Defendant)
- Defendants Nvidia's EMERGENCY Motion for Order that plaintiff file no further complaints pending resolution of all previously filed motions to dismiss and the consolidated motion to dismiss Applies To: Charles River Analytics Inc (Defendant); Tagup Inc (Defendant); Google Inc (Defendant); JP Morgan Chase (Defendant); Bank of America (Defendant); Walmart (Defendant); Capitol One (Defendant); Amazon (Defendant); Fedex (Defendant); UPS (Defendant); Disney (Defendant); Nvidia (Defendant); Netflix (Defendant); Commonwealth of Massachusetts (as amended) (Defendant)
- Defendant Microsoft Corporation (as amended)'s Motion to Dismiss Plaintiff's Third Amended Complaint for Failure to State a Claim on Which Relief Can be Granted
- Microsoft Corporation (as amended)'s Memorandum in support of Motion to Dismiss Plaintiff's Third Amended Complaint for Failure to State a Claim on Which Relief can be Granted
- Attorney appearance On this date Lisa Ann Stephanian Burton, Esq. added for Defendant Microsoft Corporation (as amended)
- Event Result:: Conference to Review Status scheduled on: 02/16/2023 02:00 PM Has been: Held via Video/Teleconference Hon. Robert B Gordon, Presiding Staff: Paul Kenneally, Assistant Clerk Michael O'Loughlin, Assistant Clerk Magistrate
- Defendant Charles River Analytics Inc's Motion to Withdraw Motion to Dismiss
- Defendant Capitol One's Notice of Withdrawal of its Motion to Dismiss
- Endorsement on Motion to Extend Time to File Consolidated Motion to Dismiss (#67.0): ALLOWED Allowed, provided that all Defendants join in a single Motion to Dismiss. If there are compelling reasons why this cannot be done, they can be raised at the forthcoming status conference. 2/14/23. Notice Sent 2/17/23 Judge: Gordon, Hon. Robert B
- Defendant Nvidia's Motion to dismiss
- Defendant Tagup Inc's Motion to dismiss
- Defendant Spectral Sciences Inc's Certificate to Dismiss
- Defendant Disney's Motion to dismiss
- Defendant Microsoft Corporation (as amended)'s Motion to withdraw its Motion to Dismiss
- Endorsement on Motion to Withdraw Motion to Dismiss (#72.0): ALLOWED 2/21/23. Notice Sent 2/23/23 Judge: Gordon, Hon. Robert B
- Endorsement on Motion to Withdraw Motion to Dismiss (#75.0): ALLOWED (dated 2/22/23) notice sent 2/24/23
- Endorsement on Motion to Withdraw Motion to Dismiss (#76.0): ALLOWED (dated 2/22/23)
- Endorsement on Motion to Withdraw Motion to Dismiss (#77.0): ALLOWED (dated 2/22/23) notice sent 2/24/23
- Defendant Apple's Notice of Motion to Dismiss Applies To: Spectral Sciences Inc (Defendant); Charles River Analytics Inc (Defendant); Tagup Inc (Defendant); Google Inc (Defendant); JP Morgan Chase (Defendant); Bank of America (Defendant); Walmart (Defendant); Capitol One (Defendant); Amazon (Defendant); Apple (Defendant); Fedex (Defendant); UPS (Defendant); Disney (Defendant); Nvidia (Defendant); Netflix (Defendant); Commonwealth of Massachusetts (as amended) (Defendant); Microsoft Corporation (as amended) (Defendant)
- Endorsement on Motion to Withdraw Motion to Dismiss (#78.0): ALLOWED (dated 2/23/23) notice sent 2/27/23
- Defendants' Notice of Filing
- Google LLC's Rule 9A Affidavit
- Defendants Google Inc's Motion to dismiss (consolidated motion of defendants').
- Google Inc's Memorandum in support of motion to dismiss
- The following form was generated: Notice to Appear Sent On: 03/22/2023 15:02:34
- Attorney appearance electronically filed. On this date Yeatyng Evelyn Tang, Esq. added for Defendant Commonwealth of Massachusetts (as amended)
- Attorney appearance electronically filed.
- Attorney appearance electronically filed.
- Event Result:: Rule 12 Hearing scheduled on: 04/14/2023 02:00 PM Has been: Held via Video/Teleconference Hon. Robert B Gordon, Presiding Staff: Michael O'Loughlin, Assistant Clerk Magistrate
- MEMORANDUM & ORDER: Memorandum of Decision and Order on Defendants' Motion to Dismiss Complaint The Defendants' Motion to Dismiss the Complaint shall be ALLOWED. Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE and without costs. See paper #81 for full order. (Dated 4/18/23) (Notice sent 4/19/23) Judge: Gordon, Hon. Robert B
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Full Analytics Report
- Complete case narrative
- Judge details and rulings
- Case disposition and outcome
- All docket entries
- Related cases and filings
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