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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-01-08
Status Open
Type Contract Action Involving An Incarcerated Party
Docket 74 entries

Parties

Plaintiff Padovano #w 106710, Matthew S.|Currier #w 110745, Jeremy|Valerio #w 96818, Henry|Woollam #w 93756, Derek|Smith #w 115807, Scott|Doe, John
Defendant Divris, Matthew|Richard, Mark|Doe, Jane

Lawyers

Docket Entries

  1. Attorney appearance On this date Pro Se added for Plaintiff Matthew S. Padocano #W-106710
  2. Attorney appearance On this date Pro Se added for Plaintiff Jeremy Currier #W-110745
  3. Attorney appearance On this date Pro Se added for Plaintiff Henry Valerio #W-96818
  4. Attorney appearance On this date Pro Se added for Plaintiff Derek Woollam #W-93756
  5. Attorney appearance On this date Pro Se added for Plaintiff Scott Smith #W-115807
  6. Case assigned to: DCM Track A - Average was added on 01/08/2024
  7. Original civil complaint filed.
  8. Civil action cover sheet filed.
  9. Demand for jury trial entered.
  10. Plaintiff Matthew S. Padovano #W-106710's Motion to Certify as a Class Action
  11. Plaintiff Matthew S. Padovano #W-106710's Motion to Proceed in Forma Pauperis
  12. Plaintiff Matthew S. Padocano #W-106710's Motion for Appointment of Counsel
  13. 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: Yarashus, Hon. Valerie A Applies To: Valerio #W-96818, Henry (Plaintiff) (Mailed on 1/09/24)
  14. 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: Yarashus, Hon. Valerie A Applies To: Currier #W-110745, Jeremy (Plaintiff) (Mailed on 01/09/24)
  15. 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: Yarashus, Hon. Valerie A Applies To: Padocano #W-106710, Matthew S. (Plaintiff) (Mailed on 01/09/24)
  16. 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: Yarashus, Hon. Valerie A Applies To: Woollam #W-93756, Derek (Plaintiff) (Mailed on 01/09/24)
  17. 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: Yarashus, Hon. Valerie A Applies To: Smith #W-115807, Scott (Plaintiff) (Mailed on 01/09/24)
  18. Docket Note: Original summonses that were given in-hand on 1/12/24 returned to Court to be mailed to Matthew S. Padovano. 3 summonses mailed with tracking order on 2/6/2024 to Matthew S. Padovano #W-106710, NCCI Gardner, 500 Colony Rd, Gardner MA 01440.
  19. Endorsement on Motion to Certify as a Class Action (#3.0): No Action Taken No action taken until/unless plaintiffs are represented by counsel. Notices mailed 2/15/24 Judge: Yarashus, Hon. Valerie A
  20. Endorsement on Motion to Proceed In Forma Pauperis (#4.0): ALLOWED Notices mailed 2/15/24 Judge: Yarashus, Hon. Valerie A
  21. Summons, returned SERVED served by certified mail, return receipt Applies To: Matthew Divris In Official Capacity As Superintendent of NCCI (Defendant)
  22. Summons, returned SERVED served by certified mail, return receipt Applies To: Mark Richard In Official Capacity As Director of Security of NCCI (Defendant)
  23. Event Result:: Motion Hearing scheduled on: 03/21/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Valerie A Yarashus, Presiding Staff: Laurie Jurgiel, Assistant Clerk Magistrate
  24. Habeas corpus issued as to Matthew S. Padovano #W-106710 at MCI - Gardner for 04/25/2024 02:00 PM Motion Hearing. ZOOM
  25. Habeas corpus issued as to Jeremy Currier #W-110745 at MCI - Gardner for 04/25/2024 02:00 PM Motion Hearing. ZOOM
  26. Habeas corpus issued as to Henry Valerio #W-96818 at MCI - Gardner for 04/25/2024 02:00 PM Motion Hearing. ZOOM
  27. Habeas corpus issued as to Derek Woollam #W-93756 at MCI - Gardner for 04/25/2024 02:00 PM Motion Hearing. ZOOM
  28. Habeas corpus issued as to Scott Smith #W-115807 at MCI - Gardner for 04/25/2024 02:00 PM Motion Hearing. ZOOM
  29. Defendant Matthew Divris In Official Capacity As Superintendent of NCCI, Mark Richard In Official Capacity As Director of Security of NCCI's Notice of appearance (E-FILED) Applies To: Sultan, Esq., Bradley A (Attorney) on behalf of Mark Richard In Official Capacity As Director of Security of NCCI, Matthew Divris In Official Capacity As Superintendent of NCCI (Defendant)
  30. Defendant Matthew Divris In Official Capacity As Superintendent of NCCI, Mark Richard In Official Capacity As Director of Security of NCCI's Motion to dismiss
  31. Matthew Divris In Official Capacity As Superintendent of NCCI, Mark Richard In Official Capacity As Director of Security of NCCI's Memorandum in support of Defendants' motion to dismiss
  32. Event Result:: Motion Hearing scheduled on: 04/25/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Valerie A Yarashus, Presiding Staff: Paul Mullan, Assistant Clerk Magistrate
  33. Opposition to Defendants' motion to dismiss Plaintiff's complaint (p#28) filed by Matthew S. Padovano #W-106710
  34. Matthew S. Padovano #W-106710's Memorandum in support of Plaintiffs' opposition to Defendants' motion to dismiss
  35. Habeas corpus issued as to Matthew S. Padovano #W-106710 at North Central Correctional Center for 07/30/2024 02:00 PM Rule 12 Hearing.
  36. Habeas corpus issued as to Jeremy Currier #W-110745 at North Central Correctional Center for 07/30/2024 02:00 PM Rule 12 Hearing.
  37. Habeas corpus issued as to Henry Valerio #W-96818 at North Central Correctional Center for 07/30/2024 02:00 PM Rule 12 Hearing.
  38. Habeas corpus issued as to Derek Woollam #W-93756 at North Central Correctional Center for 07/30/2024 02:00 PM Rule 12 Hearing.
  39. Habeas corpus issued as to Scott Smith #W-115807 at North Central Correctional Center for 07/30/2024 02:00 PM Rule 12 Hearing.
  40. Defendant Matthew Divris In Official Capacity As Superintendent of NCCI, Mark Richard In Official Capacity As Director of Security of NCCI's Motion to continue Rule 12 hearing
  41. Plaintiff Matthew S. Padovano #W-106710's Motion for refund of filing fee
  42. Endorsement on Motion to Continue Rule 12 Hearing (#31.0): ALLOWED Court to reschedule to next available date. Notices mailed 7/1/24 Judge: Yarashus, Hon. Valerie A
  43. Event Result:: Rule 12 Hearing scheduled on: 07/30/2024 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. James M Manitsas, Presiding Staff: Laurie Jurgiel, Assistant Clerk Magistrate
  44. Event Result:: Motion Hearing scheduled on: 07/30/2024 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. James M Manitsas, Presiding Staff: Laurie Jurgiel, Assistant Clerk Magistrate
  45. Habeas corpus issued as to Matthew S. Padovano #W-106710 at North Central Correctional Center for 08/20/2024 02:00 PM Rule 12 Hearing.
  46. Habeas corpus issued as to Jeremy Currier #W-110745 at North Central Correctional Center for 08/20/2024 02:00 PM Rule 12 Hearing.
  47. Habeas corpus issued as to Henry Valerio #W-96818 at North Central Correctional Center for 08/20/2024 02:00 PM Rule 12 Hearing.
  48. Habeas corpus issued as to Derek Woollam #W-93756 at North Central Correctional Center for 08/20/2024 02:00 PM Rule 12 Hearing.
  49. Habeas corpus issued as to Scott Smith #W-115807 at North Central Correctional Center for 08/20/2024 02:00 PM Rule 12 Hearing.
  50. Endorsement on Motion for Return of Funds (#32.0): ALLOWED E-Document sent 7/1/2024 Notices mailed 7/1/2024
  51. Financial Note: Reversal and refund of filing fees due to approved motion -ck#12916 (refer to p 32%)
  52. Plaintiff Matthew S. Padovano #W-106710's Motion to Continue Rule 12 Hearing
  53. Endorsement on Motion to Continue Rule 12 Hearing (#33.0): Other action taken Defendant to file position on request to continue by 8/15/24. Notices mailed 8/8/24 Judge: Manitsas, Hon. James M
  54. Defendants Mark Richard In Official Capacity As Director of Security of NCCI, Matthew Divris In Official Capacity As Superintendent of NCCI's Response to Plaintiffs Motion to Continue (P. # 33 )
  55. Plaintiff Matthew S. Padovano #W-106710's Response to Defendants response to Plaintiffs motion to continue (E-FILED)
  56. Event Result:: Rule 12 Hearing scheduled on: 08/20/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. James M Manitsas, Presiding Staff: Laurie Jurgiel, Assistant Clerk Magistrate
  57. Event Result:: Motion Hearing scheduled on: 08/20/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. James M Manitsas, Presiding Staff: Laurie Jurgiel, Assistant Clerk Magistrate
  58. Endorsement on Motion to Continue Rule 12 Hearing (#33.0): ALLOWED All matters for 8/20/24 are cancelled. The clerk's office to schedule hearing on Motion for Appointment of Counsel for a date in September. Court will set a date for hearing on 12(b)(6) motion at the time of the hearing on motion for appointment of counsel. Notices mailed 8/20/24 Judge: Manitsas, Hon. James M
  59. Habeas corpus issued as to Matthew S. Padovano #W-106710 at North Central Correctional Center for 09/17/2024 02:00 PM Rule 12 Hearing.
  60. Habeas corpus issued as to Jeremy Currier #W-110745 at North Central Correctional Center for 09/17/2024 02:00 PM Rule 12 Hearing.
  61. Habeas corpus issued as to Henry Valerio #W-96818 at North Central Correctional Center for 09/17/2024 02:00 PM Rule 12 Hearing.
  62. Habeas corpus issued as to Derek Woollam #W-93756 at North Central Correctional Center for 09/17/2024 02:00 PM Rule 12 Hearing.
  63. Habeas corpus issued as to Scott Smith #W-115807 at North Central Correctional Center for 09/17/2024 02:00 PM Rule 12 Hearing.
  64. Plaintiff Matthew S. Padovano #W-106710's Motion for leave to file supplemental complaint
  65. Endorsement on Motion for Leave to File Supplemental Complaint (#36.0): Other action taken The Defendants shall have 30 days to file a response/objection to Plaintiff's Motion to Amend Complaint. E-Document sent on 8/26/2024 Notices mailed on 8/26/2024
  66. Opposition to Plaintiffs' motion requesting leave to amend the complaint (p#36) filed by Matthew Divris In Official Capacity As Superintendent of NCCI, Mark Richard In Official Capacity As Director of Security of NCCI
  67. Endorsement on Motion for Leave to File Supplemental Complaint (#36.0): Other action taken Schedule for hearing. Convert September 17, 2024 to hearing on Plaintiff's Motion to Amend. Notices mailed 9/11/24 Judge: Manitsas, Hon. James M
  68. Event Result:: Rule 12 Hearing scheduled on: 09/17/2024 02:00 PM Has been: Not Held For the following reason: By Court prior to date Hon. James M Manitsas, Presiding Staff: Laurie Jurgiel, Assistant Clerk Magistrate
  69. Other Interested Party Robert D. Smith's Motion to join as Plaintiff under Rule 19 of the Massachusetts Rules of Civil Procedure, and writ of habeas corpus
  70. Endorsement on Motion for Appointment of Counsel (#10.0): DENIED At the present time the five (5) petitioners have constitutional or statutory entitlement to the assistance of appointed counsel in preparing or presenting their individual claims of violations of 103 CMR 483. 07. DENIED. Notices mailed 9/18/24 Judge: Manitsas, Hon. James M
  71. Matter taken under advisement: Motion Hearing to Amend Complaint scheduled on: 09/17/2024 02:00 PM Has been: Held - Under advisement Comments: FTR; rm 25 Hon. James M Manitsas, Presiding Staff: Laurie Jurgiel, Assistant Clerk Magistrate
  72. Matter taken under advisement: Motion Hearing scheduled on: 09/17/2024 02:00 PM Has been: Held - Under advisement Comments: FTR; rm 25 Hon. James M Manitsas, Presiding Staff: Laurie Jurgiel, Assistant Clerk Magistrate
  73. Endorsement on Motion for Leave to File Supplemental Complaint (#36.0): ALLOWED The motion for leave to file supplemental complaint is allowed. The Defendant is hereby granted 30 days to file a supplemental/amended motion to dismiss. Notices mailed 9/18/24 Judge: Manitsas, Hon. James M
  74. Amended: Supplemental original complaint filed by Matthew S. Padovano #W-106710, Jeremy Currier #W-110745, Henry Valerio #W-96818, Derek Woollam #W-93756, Scott Smith #W-115807 Jury Demand

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