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Case Information
Filed
2023-09-11
Status
Open
Type
Contract Action Involving An Incarcerated Party
Docket
22 entries
Parties
Plaintiff
Smith 716070, Steven L
Defendant
Jeffrey R Martini Chief Board Of Bar Overseers|Joseph S Berman Esq General Counsel B.o.b.o|Christine P Deshler Esq Asst Bar Counsel
Lawyers
Docket Entries
- Attorney appearance On this date Pro Se added for Plaintiff Steven L Smith 716070
- Case assigned to: DCM Track A - Average was added on 09/11/2023
- Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit
- Original civil complaint filed.
- Civil action cover sheet filed.
- Demand for jury trial entered.
- ORDER: To Commissioner of Correction to provide certain information regarding inmate account relative to plaintiff's Motion to waive fling fee and proceed in Forma Paupers. By the Court. Notice Sent 9/12/2023
- ORDER: After a review of petition and correspondence, the Court has instructed the Clerk's Office to take the flowing action: Service to be made upon defendants) by means of certified mail at the plaintiff's expense, and you must return to the court the original summons with the green return receipt card for each defendant. A copy of the complaint is to be sent to the Office of the Attorney General of the Department of Corrections by the plaintiff(s). Notice Sent 9/12/2023
- Docket Note: Two Summonses, Copy of Affidavit of Indigency, Complaint, CACS, Order #4 sent to DOC to fax requesting a canteen account for (6) months from Barnstable County Correctional Facility(BCCF). (Dated: 9/12/23)
- General correspondence regarding Indigency Applies To: Smith 716070, Steven L (Plaintiff)
- Attorney appearance On this date Deborah Frisch, Esq. added for Defendant Jeffrey R Martini Chief Board of Bar Overseers, Defendant Joseph S Berman Esq General Counsel B.O.B.O, Defendant Christine P Deshler Esq Asst Bar Counsel.
- Defendant Jeffrey R Martini Chief Board of Bar Overseers, Joseph S Berman Esq General Counsel B.O.B.O, Christine P Deshler Esq Asst Bar Counsel's Motion to Enlarge Time to Respond to the complaint
- Endorsement on Motion to Enlarge Time to Respond to the complaint (#7.0): ALLOWED (Dated 10/4/2023) Notice sent 10/6/23
- Defendant Jeffrey R Martini Chief Board of Bar Overseers, Joseph S Berman Esq General Counsel B.O.B.O, Christine P Deshler Esq Asst Bar Counsel's Motion to dismiss the complaint
- Jeffrey R Martini Chief Board of Bar Overseers, Joseph S Berman Esq General Counsel B.O.B.O, Christine P Deshler Esq Asst Bar Counsel's Memorandum in support of motion to dismiss the complaint
- Defendant Jeffrey R Martini Chief Board of Bar Overseers, Joseph S Berman Esq General Counsel B.O.B.O, Christine P Deshler Esq Asst Bar Counsel's Motion to Continue the Rule 12 Hearing and stay proceedings for either 60 days or until Plaintiff has updated his address, whichever is earlier
- Event Result:: Rule 12 Hearing scheduled on: 01/17/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Michael Pineault, Presiding Staff: Christine M Hayes, Assistant Clerk
- Endorsement on Motion to Continue the Rule 12 Hearing and stay proceedings for either 60 days or until Plaintiff has updated his address, whichever is earlier (#10.0): ALLOWED A notice will issue scheduling the Rule 12 hearing to a date approximately 60 days out from the current hearing date. Counsel may seek to reschedule to an earlier date if Plaintiff is located and served sooner. (Dated 1/11/2024) Notice Sent 1/16/24
- Event Result:: Rule 12 Hearing scheduled on: 03/19/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Michael Pineault, Presiding Staff: Christine M Hayes, Assistant Clerk
- Event Result:: Rule 12 Hearing scheduled on: 04/11/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Brian A Davis, Presiding Staff: Christine M Hayes, Assistant Clerk
- Event Result:: Rule 12 Hearing scheduled on: 05/02/2024 02:00 PM Has been: Held as Scheduled Hon. Brian A Davis, Presiding Staff: Christine M Hayes, Assistant Clerk
- Endorsement on Motion to dismiss the complaint (#8.0): ALLOWED after a hearing this motion to dismiss is allowed. plaintiff has sued defendants, who are members of the Massachusetts board overseers for conduct undertaken in their roles as bbo members. see complaint (docket entry no. 2) paragraph 16. pursuant to supreme judicial court rule 4:01, section 9(3) the immune from liability for any conduct in the course of their official duties. accordingly defendants are immune from plaintiff's claims and this action must be and hereby is dismissed in its entirety. dated (5/2/24) Notice sent 5/07/2024.
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