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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-06-02
Status Open
Type Environmental
Docket 49 entries

Parties

Plaintiff Waller, Heidi
Defendant Tresca Brothers Sand & Gravel, Inc.

Lawyers

Docket Entries

  1. Party(s) file Stipulation of Dismissal All parties to the above-entitled action and, pursuant to the provisions of Mass.R.Civ.P. 41(a)(1)(ii), hereby stipulate that all Claims and Counterclaims asserted in said action by or against all parties be dismissed with prejudice, without costs or attorneys fees, and waiving all rights of appeal. (E-Filed 11/18/2024) mk Applies To: Gushue, Esq., John Joseph (Attorney) on behalf of Waller, Heidi (Plaintiff)
  2. Civil action cover sheet filed. (Efiled 6/2/23)
  3. Case assigned to: DCM Track F - Fast Track was added on 06/05/2023
  4. Amended: First amended complaint filed by Heidi Waller EFILED6/14/23
  5. Service Returned for Defendant Tresca Brothers Sand & Gravel, Inc.: Service through person in charge / agent; in hand to Matt Hughes, Receptionist, person of service on 6/9/2023 at 2:54 PM (Rec'd 06/20/2023) mk
  6. One Trial case reviewed by Clerk, case to remain in the Superior Court. Judge: Hickey, Mary K
  7. Attorney appearance On this date Andrea Lynn Davulis, Esq. added for Defendant Tresca Brothers Sand & Gravel, Inc.
  8. Attorney appearance On this date David R Suny, Esq. added for Defendant Tresca Brothers Sand & Gravel, Inc.
  9. Attorney appearance On this date Joanna S Novak, Esq. added for Defendant Tresca Brothers Sand & Gravel, Inc.
  10. Tresca Brothers Sand & Gravel, Inc Answer to original complaint
  11. Answer to First Amended Complaint and Jury Claim (efiled 7/7/23) mc Applies To: Tresca Brothers Sand & Gravel, Inc. (Defendant)
  12. Defendant Tresca Brothers Sand & Gravel, Inc.'s Motion for judgment on the pleadings MRCP 12(c) (Motion for partial judgment on the pleadings) (efiled 8/7/23) mc
  13. Tresca Brothers Sand & Gravel, Inc.'s Memorandum in support of Defendant's Motion for partial judgment on the pleadings (efiled 8/7/23) mc
  14. Opposition to Defendant's Motion for partial judgment on the pleadings - filed by Heidi Waller (efiled 8/7/23) mc
  15. Affidavit of Compliance with Superior Court Rule 9A and Receipt of No opposition (efiled 8/7/23) mc
  16. Defendant Tresca Brothers Sand & Gravel, Inc.'s Certificate of Compliance with Superior Court Rule 9C (efiled 8/7/23) mc
  17. Defendant Tresca Brothers Sand & Gravel, Inc.'s Notice of filing (efiled 8/7/23) mc
  18. Matter taken under advisement: Hearing for Judgment on Pleading scheduled on: 10/19/2023 03:00 PM Has been: Held - Under advisement Hon. Joseph Leighton, Presiding
  19. Plaintiff Heidi Waller's Submission of Notice of Change of Address of John J. Gushue, Esq. P.O Box 948 East Falmouth,Ma 02536 (e-Filed 2/13/2024) dg
  20. Attorney appearance On this date Alexis Smith Hamdan, Esq. added for Defendant Tresca Brothers Sand & Gravel, Inc.
  21. Attorney appearance electronically filed of Hamdan, Esq., Alexis Smith (Attorney) on behalf of Tresca Brothers Sand & Gravel, Inc. (Defendant) (E-Filed 03/08/2024) mk
  22. Attorney appearance On this date Andrea Lynn Davulis, Esq. dismissed/withdrawn for Defendant Tresca Brothers Sand & Gravel, Inc. (E-filed 3/6/2024)
  23. Plaintiff, Defendant Heidi Waller, Tresca Brothers Sand & Gravel, Inc.'s Joint Motion to Amend the Tracking Order. (e-Filed 3/20/2024) dg
  24. Attorney appearance electronically filed--Mary Theresa Moran, Esq. for Defendant Tresca Brothers Sand & Gravel, Inc. (e-filed 3/20/2024) dg
  25. Endorsement on Motion to amend the tracking order. (#11.0): ALLOWED for reasons stated herein. Dates on P#2 adopted. (dated 3/27/2024) ns ni Judge: Cloutier, Hon. Claudine
  26. Defendant(s) Tresca Brothers Sand & Gravel, Inc. motion filed to impound in connection with its discovery motions efiled 4/18/24
  27. Affidavit of David R. Sunny in Support of defendants motion to impound in connection with its discovery motions efiled 4/18/24
  28. Opposition to defendants motion to impound in connection with its discovery motions filed by Heidi Waller efiled 4/18/24
  29. Affidavit of Plaintiffs Counsel John J. Gushue, Esq. in connection with Defendant's impoundment motion efiled 4/22/24
  30. Reply/Sur-reply Reply in further support of defendants motion to impound in connection with discovery motions efiled 4/18/24
  31. Defendant Tresca Brothers Sand & Gravel, Inc.'s Certificate of Rule 9C efiled 4/18/24
  32. Affidavit of Compliance with Rule 9A efiled 4.18.24 Applies To: Tresca Brothers Sand & Gravel, Inc. (Defendant)
  33. Defendant Tresca Brothers Sand & Gravel, Inc.'s Notice of filing Efiled 4/18/24
  34. Defendant(s) Tresca Brothers Sand & Gravel, Inc. motion filed to (Supplemental) Impound Iin Connection with its 30(b)(6) Motion (E-Filed 05/14/2024) mk
  35. Opposition to (#14.0) Supplemental Motion to Impound in Connection with its filed by
  36. Defendant Tresca Brothers Sand & Gravel, Inc.'s Request of Oral Argument (E-Filed 05/14/2024) mk
  37. Defendant Tresca Brothers Sand & Gravel, Inc.'s Certificate of Compliance with Superior Court Rule 9C (E-Filed 05/14/2024) mk
  38. Affidavit of Compliance with Superior Court Rule 9A and Receipt of Opposition (E-Filed 05/14/2024) mk
  39. Defendant Tresca Brothers Sand & Gravel, Inc.'s Notice of Filing (E-Filed 05/14/2024) mk
  40. Event Result:: Motion Hearing scheduled on: 05/23/2024 02:00 PM Has been: Held via Video/Phone Hon. Catherine Ham, Presiding
  41. Endorsement on Motion to Impound in connection with its discovery motions (#12.0): ALLOWED in Part, Denied in Part, See Court's written decision (Ham, J)(dated; 6/3/24) ns pl Judge: Ham, Hon. Catherine
  42. Endorsement on Motion of Supplemental to impound in connection with its 30(b)(6) Motion (#14.0): ALLOWED in Part, Denied in Part. See Court's written decision (Ham, J)(dated; 6/3/24) ns pl Judge: Ham, Hon. Catherine
  43. ORDER: ORDER and DECISION ON DEFENDANT'S MOTIONS TO IMPOUND ANDN TO STRIKE IN CONNECTION WITH ITS DISCVOERY MOTIONS (Ham, J)(dated;6/3/24) certified copy sent pl Judge: Ham, Hon. Catherine
  44. Plaintiff, Defendant Heidi Waller, Tresca Brothers Sand & Gravel, Inc.'s Joint Motion to further Amend the Tracking Order (e-Filed 6/7/2024) dg
  45. Endorsement on Motion to further amend the tracking order. (#16.0): ALLOWED New dates om pp. 2-3 of this Motion are adopted. (dated 6/25/2024) ns ni Judge: Ham, Hon. Catherine
  46. Endorsement on Motion for judgment on the pleadings MRCP 12(c) (partial) (#8.0): Other action taken See Decision and Order. (dated 7/29/2024) ns ni
  47. ORDER: DECISION AND ORDER ON DEFENDANT'S PARTIAL JUDGMENT ON THE PLEADINGS. (dated 7/29/2024) certified copies sent ni Judge: Leighton, Hon. Joseph
  48. Defendant Tresca Brothers Sand & Gravel, Inc.'s Notice of WITHDRAWAL OF APPEARANCE OF Alexis Smith Hamdan, Esq. (e-Filed 9/10/2024) dg
  49. ORDER sent for Status Review, if notice is not received by 12/05/2024 the complaint will be dismissed.

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