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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-01-18
Status Open
Type Civil Actions With Incarcerated Party|Contract Action Involving An Incarcerated Party
Docket 43 entries

Parties

Plaintiff Lavin, Timothy M.
Defendant Spectrum Health Systems Inc|Isaacson, Kurt|Does 1 7|Stephanie Boyton (as Amended)|Jeffrey Baxter (as Amended)|Jennifer Barksdale (as Amended)|Lori Canane (as Amended)|Jane Doe (as Amended)

Lawyers

Docket Entries

  1. Attorney appearance On this date Pro Se added for Plaintiff Timothy M. Lavin
  2. Case assigned to: DCM Track A - Average was added on 01/18/2023
  3. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit Allowed, subject to review by Judge.
  4. Original civil complaint filed.
  5. Civil action cover sheet filed.
  6. Plaintiff Timothy M. Lavin's Motion for leave to proceed in forma pauperis
  7. ORDER: To Commissioner of Correction to provide certain information regarding inmate account relative to plaintiff's Motion to waive filing fee and proceed in Forma Pauperis. By The Court. Notice Sent 01/18/2023
  8. ORDER: After a review of your petition and correspondence, the Court has instructed the Clerk's Office to take the following action: Service is to be made upon defendant(s) by means of certified mail at the plaintiff's expense, and you must return to the court the original summons with the green receipt card for each defendant. By the Court. Notice Sent 01/18/23
  9. Docket Note: two summonses mailed to plaintiff this day
  10. Docket Note: Order P#5 sent to Anita Cordy, DOC, to fax order to MCI Shirley requesting a canteen account for (6) months.
  11. Docket Note: Six additional summonses sent to plaintiff.
  12. Endorsement on Motion for leave to proceed in forma pauperis (#4.0): No Action Taken See p #7. (dated 2/7/2023) notice sent 2/7/2023
  13. ORDER: Notice of Waiver of Court costs and request for payment to be withdrawn from account (Pursuant to G.L. c. 261 sec. 29) The prisoner/plaintiff in the above-captioned action has filed a motion to waive the filing fee of $275.00 and court costs (normal) and to proceed in forma pauperis. After reviewing the affidavit of indigency and the statement of inmate account provided by the correctional facility, the court hereby orders: The plaintiff is incapable of paying the filing fee and may proceed in forma pauperis. By the Court. Notice sent 02/07/23
  14. Service Returned for Defendant Spectrum Health Systems Inc: Service via certified mail;
  15. Service Returned for Defendant Isaacson, Kurt: Service via certified mail;
  16. Plaintiff Timothy M. Lavin's Submission of Proposed Order to show cause for a preliminary and permanent injunction
  17. Endorsement on Submission of Proposed Order to show cause for a preliminary and permanent injunction (#10.0): No Action Taken The court takes no action on this submission as it consists of a proposed order but is not accompanied by a motion setting forth what relief the plaintiff seeks from the court. dated (2/15/23) notice sent (2/21/23)
  18. Defendant Spectrum Health Systems Inc, Kurt Isaacson's Notice of Intent to File Motion to Dismiss
  19. Defendant Spectrum Health Systems Inc, Kurt Isaacson's Motion to Dismiss Plaintiff's Complaint MRCP 12(b)(6)
  20. Spectrum Health Systems Inc, Kurt Isaacson's Memorandum in support of Defendant's Motion to Dismiss Plaintiff's Complaint
  21. Party status: Defendant Does 1-7: Inactive;
  22. Amended: amended complaint filed by Timothy M. Lavin
  23. Plaintiff Timothy M. Lavin's Motion for a Preliminary and Permanent Injunction
  24. Timothy M. Lavin's Memorandum in support of Plaintiff's Motion for a Preliminary and Permanent Injunction
  25. Attorney appearance On this date Frank L DePasquale, Esq. added for Defendant Spectrum Health Systems Inc
  26. The following form was generated: Notice to Appear Sent On: 03/28/2023 13:40:14
  27. Defendant Spectrum Health Systems Inc, Kurt Isaacson, Stephanie Boyton (as amended), Jeffrey Baxter (as amended), Jennifer Barksdale (as amended), Lori Canane (as amended)'s Notice of intent to file Motion to dismiss
  28. Service Returned for Defendant Lori Canane (as amended): Service via certified mail;
  29. Service Returned for Defendant Stephanie Boyton (as amended): Service via certified mail;
  30. Service Returned for Defendant Jennifer Barksdale (as amended): Service via certified mail;
  31. Attorney appearance On this date Frank L DePasquale, Esq. added for Defendant Kurt Isaacson
  32. Plaintiff Timothy M. Lavin's Motion for a Preliminary and Permanent Injunction Hearing
  33. Endorsement on Motion for a Preliminary and Permanent Injunction Hearing (#20.0): No Action Taken the defendants shall have 30 (thirty) days to respond to this motion for injunction. SO ORDERED. (dated 4/26/23) notice sent 5/03/23
  34. Defendants Spectrum Health Systems Inc, Kurt Isaacson, Stephanie Boyton (as amended), Jeffrey Baxter (as amended), Jennifer Barksdale (as amended), Lori Canane (as amended)'s Motion to Dismiss Plaintiff's Amended Complaint MRCP 12(b)(6) (Incorporated With Memorandum)
  35. Opposition to Plaintiff's Motion For Preliminary & Permanent Injunction filed by Spectrum Health Systems Inc, Kurt Isaacson, Stephanie Boyton (as amended), Jeffrey Baxter (as amended), Jennifer Barksdale (as amended), Lori Canane (as amended)
  36. Plaintiff Timothy M. Lavin's Motion for Enlargement of Time
  37. Endorsement on Motion for Enlargement of Time (#23.0): ALLOWED The opposition is to be served on or before August 4th, 2023 (Dated: 7/19/23) Notice sent 7/20/23
  38. Affidavit of Timothy M. Lavin Applies To: Lavin, Timothy M. (Plaintiff)
  39. Plaintiff Timothy M. Lavin's Motion for Enlargement of Time
  40. Endorsement on Motion for Enlargement of Time (#24.0): ALLOWED The time for response is enlarged to 8/31/23. No further extensions. (Dated: 8/7/23) Notice sent 8/8/23
  41. Opposition to Defendant's Motion to Dismiss filed by Timothy M. Lavin
  42. Timothy M. Lavin's Memorandum in support of Opposition to Defendant's Motion to Dismiss
  43. Event Result:: Rule 12 Hearing scheduled on: 09/07/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Anthony M. Campo, Presiding Staff: Timothy C Walsh, Assistant Clerk Magistrate

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