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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-02-14
Status Open
Type Civil Actions With Incarcerated Party|Administrative Action Involving An Incarerated Party
Docket 83 entries

Parties

Plaintiff Gibson, W 105297, Darius
Defendant Commonwealth Of Massachusetts|Hayden, Jason|Kvingedal, Andrew|John Doe Inmate|Divris, Matthew

Lawyers

Docket Entries

  1. Attorney appearance On this date Pro Se added for Plaintiff Darius Gibson, W105297
  2. Case assigned to: DCM Track F - Fast Track was added on 02/14/2023
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Demand for jury trial entered. Applies To: Gibson, W105297, Darius (Plaintiff)
  6. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit
  7. Plaintiff Darius Gibson, W105297's Motion for preliminary injunction and/or temporary restraining order
  8. Darius Gibson, W105297's Memorandum in support of motion for a temporary restraining order and/or preliminary injunctions
  9. Order pursuant to M.G.L. c 261, § 29, to the Commissioner of Corrections or County Sheriff to provide certain information regarding inmate account relative to Plaintiff's motion to claim indigency and waive filing fee: Judge: Bucci, Hon. Jeremy C
  10. Plaintiff Darius Gibson, W105297's Submission of Supplemental Complaint (cause of action)
  11. Plaintiff Darius Gibson, W105297's Submission of Verified Supplemental Complaint (facts)
  12. Plaintiff Darius Gibson, W105297's Motion for permissive joinder/joinder of persons
  13. Summons, returned INCOMPLETE No return receipt included Applies To: Hayden, Jason (Defendant)
  14. Endorsement on Motion for Preliminary Injunction and or Temporary Restraining Order (#4.0): No Action Taken The defendant shall file an opposition to this pleading/request for a preliminary injunction within 30 days. A hearing will be scheduled thereafter. Notices mailed 3/1/23 Judge: Bucci, Hon. Jeremy C
  15. Summons, returned INCOMPLETE No return receipt included Applies To: Commonwealth of Massachusetts (Defendant)
  16. Summons, returned INCOMPLETE No return receipt included Applies To: Divris, Matthew (Defendant)
  17. Summons, returned INCOMPLETE No return receipt included Applies To: Kvingedal, Andrew (Defendant)
  18. Affidavit of service of process (applies to paper #11, 12, 13, and 14)
  19. Plaintiff Darius Gibson, W105297's Submission of verified supplemental complaint (cause of action)
  20. Plaintiff Darius Gibson, W105297's Submission of verified supplemental complaint (facts)
  21. Plaintiff Darius Gibson, W105297's Motion for special service of process on informant for Department of Correction
  22. Plaintiff Darius Gibson, W105297's Motion for preliminary injunction and/or temporary restraining order #2
  23. Darius Gibson, W105297's Memorandum in support of motion for a temporary restraining order and/or preliminary injunction
  24. Plaintiff Darius Gibson, W105297's Notice to The Court of Retaliation with Exhibit
  25. Endorsement on Motion for Permissive Joinder/Joinder of Persons (#8.0): DENIED Denied without prejudice. Defendants have not yet been served. Notices mailed 3/10/23 Judge: Bucci, Hon. Jeremy C
  26. Endorsement on Motion for Special Service of Process on Informant for Department of Correction (#17.0): DENIED Denied without prejudice. Defendants have not yet been served. Notices mailed 3/10/23 Judge: Bucci, Hon. Jeremy C
  27. Endorsement on Motion for Preliminary Injunction and or Temporary Restraining Order (#18.0): DENIED Denied without prejudice. Defendants have not yet been served. Notices mailed 3/10/23 Judge: Bucci, Hon. Jeremy C
  28. Plaintiff Darius Gibson, W105297's Motion to withdraw motions (motion for joinder of person, motion for temporary restraining order #1 and motion for temporary restraining order #2)
  29. Endorsement on Motion of withdraw motions (#20.0): ALLOWED Notice Sent 4/10/23 Judge: Bucci, Hon. Jeremy C
  30. Endorsement on Motion for preliminary injunctions and/or temporary restraining orders (#4.0): Withdrawn by moving party Notice Sent 4/10/23 Judge: Bucci, Hon. Jeremy C
  31. Endorsement on Motion for permissive joinder/joinder of parties (#8.0): Withdrawn by moving party Notice Sent 4/10/23 Judge: Bucci, Hon. Jeremy C
  32. Endorsement on Motion for preliminary injunction and/or temporary restraining order #2 (#18.0): Withdrawn by moving party Notice Sent 4/10/23 Judge: Bucci, Hon. Jeremy C
  33. Service Returned for Defendant Hayden, Jason: Service via certified mail; Service made on 2/27/23 (Summons previously returned to court without certified mail return receipt. Return receipt included on this date.)
  34. Service Returned for Defendant Commonwealth of Massachusetts: Service via certified mail; Service made on 2/27/23 (Summons previously returned to court without certified mail return receipt. Return receipt included on this date.)
  35. Service Returned for Defendant Divris, Matthew: Service via certified mail; Service made on 2/27/23 (Summons previously returned to court without certified mail return receipt. Return receipt included on this date.)
  36. Service Returned for Defendant Kvingedal, Andrew: Service via certified mail; Service made on 2/27/23 (Summons previously returned to court without certified mail return receipt. Return receipt included on this date.)
  37. General correspondence regarding Letter to court from Plaintiff regarding certified mail return receipts and Plaintiff's address change
  38. Defendants Commonwealth of Massachusetts, Jason Hayden, Andrew Kvingedal, Matthew Divris's Motion to enlarge
  39. Attorney appearance On this date Daryl F Glazer, Esq. added for Defendant Commonwealth of Massachusetts
  40. Attorney appearance On this date Daryl F Glazer, Esq. added for Defendant Jason Hayden
  41. Attorney appearance On this date Daryl F Glazer, Esq. added for Defendant Andrew Kvingedal
  42. Attorney appearance On this date Daryl F Glazer, Esq. added for Defendant John Doe Inmate
  43. Attorney appearance On this date Daryl F Glazer, Esq. added for Defendant Matthew Divris
  44. Endorsement on Motion to Enlarge (#26.0): ALLOWED After review this motion is ALLOWED. The deadline for the defendant to file an answer or responsive pleading is hereby extended to June 16, 2023. Notices mailed 4/5/23 Judge: Tingle, Hon. Brent A
  45. Plaintiff Darius Gibson, W105297's Motion for leave to file supplemental complaint
  46. Endorsement on Motion for Leave To File Supplemental Complaint (#27.0): ALLOWED After review this motion is ALLOWED pursuant to M.R.C.P. 15(a). Where no responsive pleading has been filed. Therefore, the plaintiff may amend the original complaint as a matter of right. Notices mailed 4/24/23 Judge: Tingle, Hon. Brent A
  47. General correspondence regarding Plaintiff files Verified Supplemental Complaint
  48. Plaintiff Darius Gibson, W105297's Motion to compel documents for opposition to Defendant's motion to dismiss
  49. Endorsement on Motion to Compel Documents for Opposition to Defendants Motion to Dismiss (#29.0): Other action taken The defendants are given until May 12, 2023 to file an opposition to this motion if they so choose. Notices mailed 5/2/23 Judge: Tingle, Hon. Brent A
  50. Plaintiff Darius Gibson, W105297's Motion to lift commissary sanctions for weekly ordering of coffee and legal supplies
  51. Defendant Commonwealth of Massachusetts's Motion to Waive Rule 9A
  52. Defendants Commonwealth of Massachusetts's Motion for Protective Order
  53. Opposition to to Paper # 29 (motion to compel) filed by Applies To: Commonwealth of Massachusetts (Defendant)
  54. Endorsement on Motion of Lift Commissary Sanctions for Weekly Ordering of Coffee and Legal Supplies (#30.0): Other action taken After review the court defers action on this motion until the defendants have an opportunity to file an opposition to same. Any opposition(s) by the defendants shall be filed with the court on or before May 26, 2023. Notices mailed 5/11/23 Judge: Tingle, Hon. Brent A
  55. Endorsement on Motion to Compel Documents for Opposition to Defendants Motion to Dismiss (#29.0): DENIED This motion is denied without prejudice where the defendants have not filed a responsive pleading in this case. See court's order on paper 32 staying discovery up to and including August 14, 2023. Notices mailed 5/15/23 Judge: Tingle, Hon. Brent A
  56. Endorsement on Motion to Waive Rule 9A (#31.0): ALLOWED After review- ALLOWED. Notices mailed 5/15/23 Judge: Tingle, Hon. Brent A
  57. Endorsement on Motion for Protective Order (#32.0): Other action taken After review this motion is ALLOWED in part. The defendants' are not required to respond to any written discovery in this case up through and including August 14, 2023 where Rule 12 motions to dismiss are likely to be filed. Notices mailed 5/15/23 Judge: Tingle, Hon. Brent A
  58. Defendants Commonwealth of Massachusetts, Jason Hayden, Andrew Kvingedal, Matthew Divris's Motion to Lift Commissary Sanctions for Weekly Ordering of Coffee and Legal Supplies
  59. Defendant Commonwealth of Massachusetts, Jason Hayden, Andrew Kvingedal, Matthew Divris's Motion for a more definite statement pursuant to Mass. R. Civ. P. 12(e)
  60. Defendant Commonwealth of Massachusetts, Jason Hayden, Andrew Kvingedal, Matthew Divris's Submission of answer to complaint and certified record
  61. Endorsement on Motion for a More Definite Statement (#35.0): ALLOWED After review and consideration this motion is ALLOWED. The plaintiff is ordered to file an Amended Complaint on or before June 30, 2023. The Amended Complaint must incorporate into a single document all of the plaintiff's claims. The Amended Complaint must comply with Rule 8(a) of the Massachusetts Rules of Civil Procedure. The Amended Complaint must consist of separate numbered paragraphs and must set forth any claims in separate counts. The Amended Complaint may not exceed 25 pages. The answers of the defendants are to be filed within 30 days of the date that the Amended Complaint is filed. Notices mailed 5/31/23 Judge: Tingle, Hon. Brent A
  62. Plaintiff Darius Gibson, W105297's Motion for disclosure of Defendant John Doe
  63. Endorsement on Motion to Lift Commissary Sanctions for Weekly Ordering of Coffee and Legal Supplies (#30.0): DENIED After review this motion is DENIED for the reasons set forth in the defendants' opposition. Notices mailed 6/7/23 Judge: Tingle, Hon. Brent A
  64. Pleading titled, Amended Verified Civil Action Complaint with a Jury Demand, filed with the court on 06/30/2023, returned to Pro Se REASON: an amended complaint must be filed with a motion after the Defendant
  65. Endorsement on Motion for Disclosure of Defendant John Doe (#37.0): Other action taken The court defers action on this motion until the defendants have an opportunity to respond to it. Any opposition to this motion is to be filed on or before 6/23/23. Notices mailed 6/7/23 Judge: Tingle, Hon. Brent A
  66. Opposition to to Plaintiff's motion for disclosure of Defendant John Doe (p#37) filed by Commonwealth of Massachusetts, Jason Hayden, Andrew Kvingedal, Matthew Divris
  67. Plaintiff Darius Gibson, W105297's Motion for enlargement of time
  68. Endorsement on Motion for Disclosure of Defendant John Doe (#37.0): DENIED After review this motion is DENIED without prejudice. Plaintiff may request the identity of the John Doe defendant through written discovery. Notices mailed 7/6/23 Judge: Tingle, Hon. Brent A
  69. Pleading titled, Amended Verified Civil Action Complaint with a Jury Demand, filed with the court on 06/30/2023, returned to Pro Se REASON: returned as per Mass.R.Civ.P.15
  70. Endorsement on Motion for Enlargement of Time (#39.0): ALLOWED Notices mailed 7/12/23 Judge: Goodwin, Hon. Karen
  71. Plaintiff Darius Gibson, W105297's Notice to the court of error exparte
  72. Amended: First amended complaint filed by Darius Gibson, W105297 per order on 5/30/23
  73. Plaintiff Darius Gibson, W105297's Motion to remove Defendants counsel due to pending Board of Bar Overseers complaint engaging in retaliation against Plaintiff, disqualify her from the case
  74. Endorsement on Motion to remove defendants counsel due to pending Board of Bar Overseers' Complaint engaging in Retaliation against Plaintiff, Disqualify her from the case (#42.0): No Action Taken Defendant to respond by August 31, 2023. e-document sent 08/02/2023 Judge: Goodwin, Hon. Karen
  75. Opposition to Defendants' motion to remove Defendants' counsel (p#42) filed by Commonwealth of Massachusetts, Jason Hayden, Andrew Kvingedal, Matthew Divris
  76. Defendant Commonwealth of Massachusetts, Jason Hayden, Andrew Kvingedal, Matthew Divris's Motion to dismiss
  77. Commonwealth of Massachusetts, Jason Hayden, Andrew Kvingedal, Matthew Divris's Memorandum in support of their motion to dismiss
  78. Defendant Commonwealth of Massachusetts, Jason Hayden, Andrew Kvingedal, Matthew Divris's Motion for leave to file a memorandum in excess of 20 pages
  79. Plaintiff Darius Gibson, W105297's Motion to strike Defendants' motion to dismiss for attempting to mislead court and cover up theft
  80. Endorsement on Motion to Strike Defendants' motion to dismiss for attempting to mislead court and cover up theft (#46.0): DENIED Plaintiff shall file any response to the motion to dismiss by September 17, 2023. Notices mailed 8/18/23 Judge: Goodwin, Hon. Karen
  81. Opposition to to Defendants motion to dismiss with memorandum of law (p#44) filed by Darius Gibson, W105297
  82. Plaintiff Darius Gibson, W105297's Motion for a zoom hearing to discuss Defendants motion to dismiss
  83. Plaintiff Darius Gibson, W105297's Motion to refer Defendants counsel to the Board of Bar Overseers and or sanctions following committing perjury with motion to dismiss

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