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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-10
Status Open
Type Environmental
Docket 108 entries

Parties

Plaintiff Johndon, Karen|Rioux, Christine|Fanning, Jennifer|Brooks, Bob|Kopacz, Simon|Simone, Sasha|Farrington, Lee|Della Volpe, Bronwyn|Judge, Mary|Carlson, Sherri|Robie, Jane|Cohen, Janet|Thomson, Brian|Simcox, Alison|Heath, Douglas|Bergman, Robin L.|Pearson, Joy|Karighattam, Kavita|Danielson, Lee|Danielson, Susan|Giuffre, Gretchen|Sideris, Konstantina Dimitra|Ixchel, Eleanor|Henshaw, Kristin|Trimper, Nancy|Friends Of Wakefield's Nemt Forest, Inc.
Defendant Northeast Metropolitan Regional Vocational School District|Massachusetts Division Of Fisheries And Wildlife

Lawyers

Docket Entries

  1. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Karen Johndon
  2. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Jennifer Fanning
  3. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Karen Johndon
  4. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Jennifer Fanning
  5. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Karen Johndon
  6. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Jennifer Fanning
  7. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Christine Rioux
  8. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Christine Rioux
  9. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Christine Rioux
  10. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Bob Brooks
  11. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Bob Brooks
  12. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Bob Brooks
  13. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Simon Kopacz
  14. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Simon Kopacz
  15. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Simon Kopacz
  16. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Sasha Simone
  17. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Sasha Simone
  18. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Sasha Simone
  19. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Lee Farrington
  20. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Lee Farrington
  21. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Lee Farrington
  22. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Bronwyn Della-Volpe
  23. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Bronwyn Della-Volpe
  24. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Bronwyn Della-Volpe
  25. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Mary Judge
  26. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Mary Judge
  27. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Mary Judge
  28. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Sherri Carlson
  29. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Sherri Carlson
  30. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Sherri Carlson
  31. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Jane Robie
  32. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Jane Robie
  33. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Jane Robie
  34. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Janet Cohen
  35. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Janet Cohen
  36. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Janet Cohen
  37. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Brian Thomson
  38. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Brian Thomson
  39. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Brian Thomson
  40. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Alison Simcox
  41. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Alison Simcox
  42. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Alison Simcox
  43. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Douglas Heath
  44. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Douglas Heath
  45. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Douglas Heath
  46. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Robin L. Bergman
  47. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Robin L. Bergman
  48. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Robin L. Bergman
  49. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Joy Pearson
  50. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Joy Pearson
  51. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Joy Pearson
  52. Attorney appearance On this date Daniel C Hill, Esq. added for Plaintiff Kavita Karighattam
  53. Attorney appearance On this date Elizabeth May Pyle, Esq. added for Plaintiff Kavita Karighattam
  54. Attorney appearance On this date Hale B McAnulty, Esq. added for Plaintiff Kavita Karighattam
  55. Case assigned to: DCM Track F - Fast Track was added on 08/10/2023
  56. Original civil complaint filed.
  57. Civil action cover sheet filed.
  58. Plaintiffs(s) Karen Johndon, Christine Rioux, Jennifer Fanning, Bob Brooks, Simon Kopacz, Sasha Simone, Lee Farrington, Bronwyn Della-Volpe, Mary Judge, Sherri Carlson, Jane Robie, Brian Thomson, Alison Simcox, Douglas Heath, Robin L. Bergman, Joy Pearson, Kavita Karighattam's Motion for a Preliminary Injunction
  59. Karen Johndon, Christine Rioux, Jennifer Fanning, Bob Brooks, Simon Kopacz, Sasha Simone, Lee Farrington, Bronwyn Della-Volpe, Mary Judge, Sherri Carlson, Jane Robie, Janet Cohen, Brian Thomson, Alison Simcox, Douglas Heath, Robin L. Bergman, Joy Pearson, Kavita Karighattam's Memorandum in support of Plaintiff's Motion for Preliminary Injunction
  60. Affidavit of Jennifer Fanning
  61. Affidavit of Daniel C. Hill
  62. Plaintiffs(s) Karen Johndon, Christine Rioux, Jennifer Fanning, Bob Brooks, Simon Kopacz, Sasha Simone, Lee Farrington, Bronwyn Della-Volpe, Mary Judge, Sherri Carlson, Jane Robie, Janet Cohen, Brian Thomson, Alison Simcox, Douglas Heath, Robin L. Bergman, Joy Pearson, Kavita Karighattam's Motion for a Temporary Restraining Order and for Short Order of Notice
  63. Endorsement on Motion for a Temporary Restraining Order and for Short Order of Notice (#7.0): DENIED After review, short order of notice is DENIED. Nothing in the plaintiff's submissions suggest that work is due to begin imminently on that will not comply with the necessary state and federal regulation approvals secured of such a project. The court sees no reason why the motion for injunctive relief cannot be served under Rule 9A so that the defendants have a meaningful opportunity to respond and there can be worthwhile hearing on then motion. Dated 8/11/2023. Copy given in hand. Judge: Tabit, Hon. Salim
  64. Endorsement on Motion for a Temporary Restraining Order and for Short Order of Notice (#7.0): Other action taken Upon further review of the exhibits filed with the complaint and the motion, the court will issue a short order of notice. The court, however, will not issue a TRO as a showing of a likelihood of success on the merits is required. See DelBuono v. Mass Athletic Ass'n, 20 Mass L., Rptr, 740 *2 (2006). The plaintiffs have failed to make such showing.
  65. Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 08/16/2023 02:30 PM Hearing on Preliminary Injunction. Judge: Tabit, Hon. Salim
  66. Opposition to of the defendant Northeast Metropolitan Vocational School District filed by Northeast Metropolitan Regional Vocational School District
  67. Attorney appearance On this date Julie Pruitt Barry, Esq. added for Defendant Northeast Metropolitan Regional Vocational School District
  68. Attorney appearance On this date Nicole J Cocozza, Esq. added for Defendant Northeast Metropolitan Regional Vocational School District
  69. Affidavit of Julie Barry in Support of Opposition of defendant Northeast Vocational motion for Preliminary Injunction
  70. Affidavit of David Dibarri in support of Opposition
  71. Affidavit of Kevin L Nigro in support of Opposition to Preliminary Injunction
  72. Matter taken under advisement: Hearing on Preliminary Injunction scheduled on: 08/16/2023 02:30 PM Has been: Held - Under advisement Hon. Salim Tabit, Presiding Staff: Debra J Newman, Assistant Clerk
  73. Affidavit of John C. Chessia, P.E. (with Exhibits A-B)
  74. Endorsement on Statement of John C Chessia P.E. ( Affidavit ) (#13.0): Other action taken to the extent the Plaintiffs ask the court to consider the attached affidavit in support of their motion for injunctive relief, the court declines to do so. The Plaintiffs have submitted the affidavit without leave of court and well after it submitted its pleadings to the court and after a hearing. It would be improper for the court to simply consider such a filing without the defendants having an opportunity to respond, and the court will not continue dragging this matter along when a prompt decision is critical to all parties involved
  75. ORDER: Memorandum of Decision and Order on Plaintiff's Motion for Preliminary Injunction : ORDER : because the court concludes that the Plaintiffs have failed to demonstrate they are likely to succeed on the merits of their claim related to preliminary site work and that such an injunction would not be in the public interest, the court DENIES the preliminary injunction and orders the following: 1) The district is ordered to refrain from performing any work in the designated wetland or Buffer Zone ( the jurisdictional resource area).The injunction will remain in effect until such time as the Mass DEP issues a Superseding Order of condition or further order from this court. 2) The District may proceed with preliminary site work not within the wetlands or Buffer Zone ( the jurisdictional resource area ) . So Ordered see scanned 12 pages Judge: Tabit, Hon. Salim
  76. Attorney appearance On this date John Rockwell Hitt, Esq. added as Attorney for the Commonwealth for Defendant Massachusetts Division of Fisheries and Wildlife
  77. Attorney appearance electronically filed.
  78. Defendant Massachusetts Division of Fisheries and Wildlife's Motion for Extension of Time to Respond to Complaint
  79. Endorsement on Motion to file a response of pleading (#15.0): ALLOWED Judge: Tabit, Hon. Salim
  80. Defendant Northeast Metropolitan Regional Vocational School District's Motion for Extension of Time to Respond to Plaintiff's Complaint
  81. Endorsement on Motion for extension of time to respond to plaintiffs complaint (#16.0): ALLOWED
  82. Amended: amended complaint filed by Karen Johndon, Christine Rioux, Bob Brooks Applies To: Kopacz, Simon (Plaintiff); Simone, Sasha (Plaintiff); Farrington, Lee (Plaintiff); Judge, Mary (Plaintiff); Carlson, Sherri (Plaintiff); Robie, Jane (Plaintiff); Cohen, Janet (Plaintiff); Thomson, Brian (Plaintiff); Simcox, Alison (Plaintiff); Bergman, Robin L. (Plaintiff); Pearson, Joy (Plaintiff); Karighattam, Kavita (Plaintiff); Hill, Esq., Daniel C (Attorney) on behalf of Heath, Douglas (Plaintiff)
  83. Attorney appearance On this date Daniel C Hill, Esq. added as Private Counsel for Plaintiff Lee Danielson
  84. Attorney appearance On this date Elizabeth May Pyle, Esq. added as Private Counsel for Plaintiff Lee Danielson
  85. Attorney appearance On this date Hale B McAnulty, Esq. added as Private Counsel for Plaintiff Lee Danielson
  86. Attorney appearance On this date Daniel C Hill, Esq. added as Private Counsel for Plaintiff Susan Danielson
  87. Attorney appearance On this date Elizabeth May Pyle, Esq. added as Private Counsel for Plaintiff Susan Danielson
  88. Attorney appearance On this date Hale B McAnulty, Esq. added as Private Counsel for Plaintiff Susan Danielson
  89. Attorney appearance On this date Daniel C Hill, Esq. added as Private Counsel for Plaintiff Gretchen Giuffre
  90. Attorney appearance On this date Elizabeth May Pyle, Esq. added as Private Counsel for Plaintiff Gretchen Giuffre
  91. Attorney appearance On this date Hale B McAnulty, Esq. added as Private Counsel for Plaintiff Gretchen Giuffre
  92. Attorney appearance On this date Daniel C Hill, Esq. added as Private Counsel for Plaintiff Konstantina-Dimitra Sideris
  93. Attorney appearance On this date Elizabeth May Pyle, Esq. added as Private Counsel for Plaintiff Konstantina-Dimitra Sideris
  94. Attorney appearance On this date Hale B McAnulty, Esq. added as Private Counsel for Plaintiff Konstantina-Dimitra Sideris
  95. Attorney appearance On this date Daniel C Hill, Esq. added as Private Counsel for Plaintiff Eleanor Ixchel
  96. Attorney appearance On this date Elizabeth May Pyle, Esq. added as Private Counsel for Plaintiff Eleanor Ixchel
  97. Attorney appearance On this date Hale B McAnulty, Esq. added as Private Counsel for Plaintiff Eleanor Ixchel
  98. Attorney appearance On this date Daniel C Hill, Esq. added as Private Counsel for Plaintiff Kristin Henshaw
  99. Attorney appearance On this date Elizabeth May Pyle, Esq. added as Private Counsel for Plaintiff Kristin Henshaw
  100. Attorney appearance On this date Hale B McAnulty, Esq. added as Private Counsel for Plaintiff Kristin Henshaw
  101. Attorney appearance On this date Daniel C Hill, Esq. added as Private Counsel for Plaintiff Nancy Trimper
  102. Attorney appearance On this date Elizabeth May Pyle, Esq. added as Private Counsel for Plaintiff Nancy Trimper
  103. Attorney appearance On this date Hale B McAnulty, Esq. added as Private Counsel for Plaintiff Nancy Trimper
  104. Attorney appearance On this date Daniel C Hill, Esq. added as Private Counsel for Plaintiff Friends of Wakefield's Nemt Forest, Inc.
  105. Attorney appearance On this date Elizabeth May Pyle, Esq. added as Private Counsel for Plaintiff Friends of Wakefield's Nemt Forest, Inc.
  106. Attorney appearance On this date Hale B McAnulty, Esq. added as Private Counsel for Plaintiff Friends of Wakefield's Nemt Forest, Inc.
  107. Defendant Northeast Metropolitan Regional Vocational School District's Notice for pursuant to superior court rule 9E of service of motion to dismiss.
  108. Party(s) file Stipulation of Dismissal Pursuant to Rule 41(a)(1)(ii) of the Massachusetts Rules of Civil Procedure, the parties to the above-captioned matter hereby stipulate to the dismissal with prejudice of all claims in the above-captioned matter, with all rights of appeal waived, and with each party responsible for their own costs and attorneys' fees. Applies To: Johndon, Karen (Plaintiff); Rioux, Christine (Plaintiff); Fanning, Jennifer (Plaintiff); Brooks, Bob (Plaintiff); Kopacz, Simon (Plaintiff); Simone, Sasha (Plaintiff); Farrington, Lee (Plaintiff); Della-Volpe, Bronwyn (Plaintiff); Judge, Mary (Plaintiff); Carlson, Sherri (Plaintiff); Robie, Jane (Plaintiff); Cohen, Janet (Plaintiff); Thomson, Brian (Plaintiff); Simcox, Alison (Plaintiff); Heath, Douglas (Plaintiff); Bergman, Robin L. (Plaintiff); Pearson, Joy (Plaintiff); Karighattam, Kavita (Plaintiff); Danielson, Lee (Plaintiff); Danielson, Susan (Plaintiff); Giuffre, Gretchen (Plaintiff); Sideris, Konstantina-Dimitra (Plaintiff); Ixchel, Eleanor (Plaintiff); Henshaw, Kristin (Plaintiff); Trimper, Nancy (Plaintiff); Friends of Wakefield's Nemt Forest, Inc. (Plaintiff); Northeast Metropolitan Regional Vocational School District (Defendant)

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