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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-12-28
Status Re-Opened
Type Torts|Employment Discrimination
Docket 61 entries

Parties

Plaintiff Clayton, Kevin H.
Defendant Hyannis Air Service, Inc., A/k/a Cape Air|Mackay, Phillip

Lawyers

Docket Entries

  1. Original civil complaint filed. with Jury Demand
  2. Civil action cover sheet filed.
  3. Plaintiff files Uniform Counsel Certification. Applies To: Clayton, Kevin H. (Plaintiff)
  4. Kevin H. Clayton's MOTION for appointment of Special Process Server.
  5. Endorsement on Motion for Appointment of Special Process Server (#4.0): ALLOWED (EDocument sent: A Clerk's Notice (eDoc) was generated and sent to: John C Barker, Esq. [email protected])
  6. Service Returned for Defendant Hyannis Air Service Also Known As Cape Air: Service through person in charge / agent; Ryan Ouellette on January 14, 2022
  7. Service Returned for Defendant Mackay, Phillip: Service made at last and usual; on January 14, 2022
  8. APPEARANCES FILED BY Matthew D Freeman, Esq., and Sarah E. Lovejoy, Esq., for Hyannis Air Service Also Known As Cape Air
  9. Defendant's Notice of intent to file motion to dismiss Applies To: Hyannis Air Service, Inc., a/k/a Cape Air (Defendant)
  10. Pleading titled, Notice to Removal, filed with the court on 02/14/2022, returned to The Court requires a Certified Copy of the Notice of Removal from the US District Court for filing. The cost of copies of the file totals $23.40. Please forward the Certified Notice of Removal, along with the amount of $23.40 made payable to Commonwealth of Massachusetts. When it is received, we will process the matter.
  11. NOTICE OF FILING OF NOTICE OF REMOVAL
  12. Notice of Removal to the United States District Court filed by Applies To: Fitzgerald, Esq., Michael Lee (Attorney) on behalf of Clayton, Kevin H. (Plaintiff)
  13. REMOVED to the U.S. District Court Clerk's Notice, Attested Docket Report and copies of all docketed papers mailed on 02/24/2022 to Michael L. Fitzgerald, Asst. U.S. Attorney.
  14. Case transferred to another court.
  15. Case transferred from another court. US District Court
  16. Defendant United States of America's Motion to substitute the United States for Philip MacKay; filed and Allowed without opposition (Patti B. Saris, Justice of US District Court)
  17. United States of America's Memorandum in support of P #11.0
  18. Defendant United States of America's Motion to dismiss certain counts
  19. United States of America's Memorandum in support of P #12.0
  20. Defendant United States of America's Motion to dismiss certain counts
  21. United States of America's Memorandum in support of P #13.1
  22. Attorney appearance On this date Matthew D Freeman, Esq. added as Private Counsel for Defendant Hyannis Air Service, Inc., a/k/a Cape Air
  23. Stipulation of dismissal with Prejudice, without Costs as to Phillip Mackay's original complaint as to Counts IV and V
  24. APPEARANCE: On this date John C Barker, Esq. added as Private Counsel for Plaintiff Kevin H. Clayton
  25. Plaintiff Kevin H. Clayton's Motion to Remand this Case to State Court
  26. Kevin H. Clayton's Memorandum in support of P #17.1
  27. Affidavit of John Baker in support of P #17.0
  28. ORDER: of Remand from US District Court to Barnstable Superior Court
  29. Rule 9A list of documents filed.
  30. Defendant Hyannis Air Service, Inc., a/k/a Cape Air's Motion to dismiss original complaint
  31. Hyannis Air Service, Inc., a/k/a Cape Air's Memorandum in support of motion to dismiss
  32. Opposition to motion to dismiss filed by Hyannis Air Service, Inc., a/k/a Cape Air
  33. Reply/Sur-reply to opposition to motion to dismiss Applies To: Hyannis Air Service, Inc., a/k/a Cape Air (Defendant)
  34. Affidavit of compliance with Superior Court Rule 9A, Superior Court Rule 9C Applies To: Hyannis Air Service, Inc., a/k/a Cape Air (Defendant)
  35. Notice to Appear for Rule 12 Hearing 5/3/2021 at 2:30pm. Copy mailed to MLF, SEL,
  36. Plaintiff Kevin H. Clayton's Motion for remote hearing on 5/3/2022
  37. Endorsement on Motion for remote hearing (#20.0): DENIED
  38. Rule 12 Hearing scheduled on 05/03/2022: Held - Under advisement Comments: 2nd Session: FTR (CMH) Appeared: Plaintiff - John C Barker, Esq. Defendant - Sarah E Lovejoy, Esq.
  39. MEMORANDUM & ORDER: For the reasons stated herein, it is hereby ORDERED that Hyannis Air Service, Inc.'s Motion to Dismiss be ALLOWED as to Counts I and III and DENIED as to Count II. Judge: Perrino, Hon. Thomas J Attested copies mailed on 06/28/2022 to JCB, SEL, MDF and MLF.
  40. Plaintiff, Defendant Kevin H. Clayton, Hyannis Air Service, Inc., a/k/a Cape Air, Phillip Mackay's Joint Motion to extend tracking deadline(s) Non-Expert Discovery to April 3, 2023 Rule 56 Served by May 8, 2023 Rule 56 Filed by June 5, 2023 Plaintiff's Expert Disclosures to August 1, 2023 Defendant's Expert Disclosures to September 1, 2023 Final Pretrial Conference to October 2, 2023
  41. Endorsement on Motion to Extend Discovery and Tracking Order Deadlines (#22.0): ALLOWED Discovery continued to 04/03/2023 Rule 56 Filed by 06/05/2022 Pre Trial Conference continued to 09/08/2022 at 10:30 AM All Expert Disclosures by 08/04/2023
  42. ANSWER; received from: Defendant Hyannis Air Service, Inc., a/k/a Cape Air.
  43. Defendant Hyannis Air Service, Inc., a/k/a Cape Air's Assented to Motion for a brief extension to file its motion for Summary Judgment
  44. Endorsement on Motion for extension to file summary judgment (#24.0): ALLOWED
  45. Rule 9A list of documents filed.
  46. Defendant Hyannis Air Service, Inc., a/k/a Cape Air's Motion for summary judgment, MRCP 56
  47. Hyannis Air Service, Inc., a/k/a Cape Air's Memorandum in support of Motion for Summary Judgment (P#26.1)
  48. Opposition to P#26.1 filed by Kevin H. Clayton
  49. Defendant Hyannis Air Service, Inc., a/k/a Cape Air's Reply to Plaintiff's Opposition to Defendant's Summary Judgment (P#26.3)
  50. Defendant Hyannis Air Service, Inc., a/k/a Cape Air's Submission of Undisputed Material Facts in support of Motion for Summary Judgment
  51. Exhibits/Appendix
  52. Affidavit of compliance with Superior Court Rule 9C Applies To: Freeman, Esq., Matthew D (Attorney) on behalf of Hyannis Air Service, Inc., a/k/a Cape Air (Defendant)
  53. Rule 9A list of documents filed.
  54. Defendant Hyannis Air Service, Inc., a/k/a Cape Air's Motion to Strike
  55. Hyannis Air Service, Inc., a/k/a Cape Air's Memorandum in support of Motion to Strike (P#27.1)
  56. Opposition to P#27.3 filed by Kevin H. Clayton
  57. Request for hearing filed Applies To: Freeman, Esq., Matthew D (Attorney) on behalf of Hyannis Air Service, Inc., a/k/a Cape Air (Defendant)
  58. Affidavit of compliance with Superior Court Rule 9C Applies To: Freeman, Esq., Matthew D (Attorney) on behalf of Hyannis Air Service, Inc., a/k/a Cape Air (Defendant)
  59. Endorsement on Motion to strike (#27.1): Other action taken To be taken up at the Rule 56 hearing
  60. Rule 56 Hearing scheduled on 08/17/2023: Held - Under advisement Comments: 2nd Session: FTR (CMH) Appeared: Plaintiff - John C Barker, Esq. Defendant - Matthew D Freeman, Esq.
  61. MEMORANDUM & ORDER: This case needs a jury of citizens from Barnstable County to sort out these and other factual issues. Summary judgment on this record is inappropriate. (See image for full text). Clerk's Notice emailed on 08/22/2023 to John C Barker, Esq., [email protected]; Matthew D Freeman, Esq., [email protected]; Sarah E Lovejoy, Esq., [email protected]; Michael Lee Fitzgerald, Esq., [email protected] Attested copies mailed on 08/22/2023 to John C Barker, Esq., One Olde North Road, Suite 103, Chelmsford, MA 01824; Matthew D Freeman, Esq., 75 Park Plaza, Boston, MA 02116; Sarah E Lovejoy, Esq., 75 Park Plaza, 4th Floor, Boston, MA 02116; Michael Lee Fitzgerald, Esq., 1 Courthouse Way, Suite 9200, Boston, MA 02210 Judge: Callan, Hon. Michael K

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