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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-09-08
Status Open
Type Complex Unfair Trade Practices
Docket 56 entries

Parties

Plaintiff Winn, Kendra
Defendant Arbella Mutual Insurance Company

Lawyers

Docket Entries

  1. Attorney appearance On this date Kevin John McCullough, Esq. added for Plaintiff Kendra Winn
  2. Attorney appearance On this date John Richard Yasi, Esq. added for Plaintiff Kendra Winn
  3. Attorney appearance On this date Michael C Forrest, Esq. added for Plaintiff Kendra Winn
  4. Attorney appearance On this date David Relethford, Esq. added for Plaintiff Kendra Winn
  5. Case assigned to: DCM Track F - Fast Track was added on 09/08/2022
  6. Case transferred from another court. Transferred from Worcester Superior Court [1985CV00961] accepted into the Suffolk County Civil Court Business Litigation Session (See P#11)
  7. Complaint and Jury Demand
  8. Civil action cover sheet filed. re: complaint ($2,000,000.00)
  9. Amended: First amended complaint filed by Kendra Winn on behalf of Herself and all others similarly situated and Jury Demand
  10. Service Returned for Defendant Arbella Mutual Insurance Company by delivering in hand to Gerry Flaherty, Receptionist on 9/25/19
  11. Defendant Arbella Mutual Insurance Company's Joint Motion to Stay this Action - Motion ALLOWED. Parties shall file a status report on or before 3/18/20 and every 3 months thereafter, as necessary informing this court of the status of the other related pending matters. Dated: 12/16/19 Applies To: Kendra Winn on behalf of Herself and all others similarly situated (Plaintiff); Arbella Mutual Insurance Company (Defendant)
  12. Attorney appearance On this date Roberta R Fitzpatrick, Esq. added for Defendant Arbella Mutual Insurance Company
  13. ORDER sent for Status Review, if notice is not received by 06/18/2021 the complaint will be dismissed.
  14. Status review notice returned The legal matter addressed by this action was recently heard by the Massachusetts Supreme Judicial Court on May 5, 2021. Accordingly, we request that the claim remain stayed until the SJC renders it s decision on the issue of an insurer's liability to pay inherent post-repair diminution in value damages. Applies To: McCullough, Esq., Kevin John (Attorney) on behalf of Kendra Winn on behalf of Herself and all others similarly situated (Plaintiff)
  15. ORDER sent for Status Review, if notice is not received by 01/28/2022 the complaint will be dismissed.
  16. Status review notice returned Plaintiff requests that the Court schedule a Rule 16 Status Conference in the above captioned matter. The present action was previously stayed pending the Supreme Judicial Court's decision in the matter of McGilloway et al v. Safety Ins. Co., 488 Mass 610 (2021). As the Court's decision was recently rendered, Plaintiff requests a status conference in order to address a new tracking order and case management. Applies To: McCullough, Esq., Kevin John (Attorney) on behalf of Kendra Winn on behalf of Herself and all others similarly situated (Plaintiff)
  17. Plaintiff Kendra Winn on behalf of Herself and all others similarly situated's Joint Motion to Conduct the June 14, 2022 Rule 16 Conference Remotely (E-Filed 6/10/22) - Motion ALLOWED. Dated: 6/12/22 Applies To: Kendra Winn on behalf of Herself and all others similarly situated (Plaintiff); Arbella Mutual Insurance Company (Defendant)
  18. Plaintiff Kendra Winn on behalf of Herself and all others similarly situated's Joint Motion to Transfer this case to the Business Litigation Session - Motion ALLOWED for the reasons requested by the parties. Dated: 8/1/22 Applies To: Kendra Winn on behalf of Herself and all others similarly situated (Plaintiff); Arbella Mutual Insurance Company (Defendant)
  19. ORDER: TO TRANSFER This action came on before the Court, Karin Bell, Justice, upon motion to transfer to the Business Litigation Session, which was filed and allowed, and it appearing to the Court therefrom that a transfer is indicated, upon consideration thereof, It is ORDERED and ADJUDGED that the above-entitled action be Transferred to the Business Litigation Session. Dated at Worcester, Massachusetts this 1th day of August, 2022.
  20. General correspondence regarding NOTICE OF ACCEPTANCE INTO BUSINESS LITIGATION SESSION "BLS2" (See P#11 for complete notice) The court (Bell, J) has previously allowed a Motion to Transfer this case to the Business Litigation Session in Suffolk County. After review of that Motion and the relevant pleadings, this case has been accepted into the Suffolk Business Litigation Session and will be assigned to BLS2. As soon as the original papers are received from the Clerk's Office in the county that is transferring the case (Worcester), this case will be given a new Suffolk County docket number. The parties will be notified accordingly. Dated: August 29, 2022
  21. General correspondence regarding Certified Copy of docket entries received from Worcester Superior Court
  22. Civil action cover sheet mailed re: BLS
  23. Civil action cover sheet filed. Returned re: Complaint (n/a)
  24. Attorney appearance electronically filed.
  25. Plaintiff Kendra Winn on behalf of Herself and all others similarly situated's Motion to amend the Operative Complaint.
  26. Kendra Winn on behalf of Herself and all others similarly situated's Memorandum in support of Her Motion to Amend the Operative Complaint.
  27. Opposition to Plaintiff's Motion to Amend the Operative Complaint. filed by Arbella Mutual Insurance Company
  28. Reply/Sur-reply In Support of Plaintiff's Motion to Amend the Operative Complaint.
  29. Affidavit of compliance with Superior Court Rule 9A Applies To: Kendra Winn on behalf of Herself and all others similarly situated (Plaintiff)
  30. Rule 9A list of documents filed. Applies To: Kendra Winn on behalf of Herself and all others similarly situated (Plaintiff)
  31. Rule 9A notice of filing Applies To: Kendra Winn on behalf of Herself and all others similarly situated (Plaintiff)
  32. Attorney appearance On this date David Relethford, Esq. dismissed/withdrawn for Plaintiff Kendra Winn on behalf of Herself and all others similarly situated
  33. The following form was generated: Notice to Appear Sent On: 01/13/2023 11:35:01
  34. The following form was generated: Notice to Appear - BLS Sent On: 01/13/2023 11:47:36
  35. Plaintiff, Defendant Kendra Winn on behalf of Herself and all others similarly situated, Arbella Mutual Insurance Company's Joint Motion to Conduct the March 21, 2023 Rule 16 Conference and Motion to Amend Hearing Remotely
  36. The following form was generated: Notice to Appear Sent On: 02/21/2023 14:51:32
  37. Endorsement on Motion to Conduct the March 21,2023 Rule 16 Conference and Motion to Amend Hearing Remotely (#18.0): ALLOWED The session clerk shall note that the March 21 Conference and Hearing shall be conducted by Zoom
  38. Endorsement on Motion to Conduct the March 21, 2023 Rule 16 Conference and Motion to Amend Hearing Remotely (Joint) (#18.0): ALLOWED The Session Clerk shall note that the March 21 conference & hearing shall be conducted by zoom. 2/21/23. Notice Sent 2/23/23 Judge: Salinger, Hon. Kenneth W
  39. Plaintiff Kendra Winn on behalf of Herself and all others similarly situated, Arbella Mutual Insurance Company's Submission of the Parties Joint Statement for Rule 16 Conference
  40. Event Result:: Motion Hearing to Amend Complaint scheduled on: 03/21/2023 02:00 PM Has been: Held as Scheduled Hon. Kenneth W Salinger, Presiding Staff: Beatriz E Van Meek, Assistant Clerk Magistrate
  41. Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 03/21/2023 02:00 PM Has been: Held as Scheduled Comments: Revised Tracking Order due to the Court by 3/31/23 Hon. Kenneth W Salinger, Presiding Staff: Beatriz E Van Meek, Assistant Clerk Magistrate
  42. Endorsement on Submission of the Parties Joint Statement for Rule 16 Conference (#19.0): Other action taken parties shall file a proposed scheduling order by close of business on 3/31/23. (dated 3/21/23) notice sent 3/24/23
  43. Endorsement on Motion to amend the Operative Complaint (#14.0): DENIED after hearing, as the facts alleged in the amended complaint do not plausibly suggest that Arbella has violated G.L. c. 1760 or c. 931 or that any such alleged violation has harmed Ms. Winn. dated (3/21/23) notice sent (3/27/23)
  44. Plaintiff, Defendants Kendra Winn on behalf of Herself and all others similarly situated's Joint Statement of the parties
  45. The following form was generated: Notice to Appear Sent On: 04/10/2023 11:50:10
  46. The following form was generated: Notice to Appear Sent On: 04/10/2023 11:54:34
  47. ORDER: ORDER See page #21 (Dated 3/22/2023) Notice sent 4/11/2023
  48. Party(s) file Stipulation of Dismissal pursuant to the provisions of Mass.R.Civ.P. Rule 41(a)(l)(ii), hereby stipulate that said action be dismissed as to all counts and claims with prejudice and without interest or costs, waiving all rights of appeal. (with respect to Counts II through VI ONLY). Applies To: Kendra Winn on behalf of Herself and all others similarly situated (Plaintiff); Arbella Mutual Insurance Company (Defendant)
  49. Answer to original complaint Applies To: Arbella Mutual Insurance Company (Defendant)
  50. Plaintiff, Defendant Kendra Winn on behalf of Herself and all others similarly situated, Arbella Mutual Insurance Company's Joint Motion to Continue Scheduling Conference and to Extend Discovery and Summary Judgment Deadlines
  51. Event Result:: Conference to Review Status scheduled on: 11/30/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Kenneth W Salinger, Presiding
  52. Endorsement on Motion to Continue Scheduling Conference and to Extend Discovery and Summary Judgment Deadlines (#24.0): ALLOWED Conference rescheduled for 1/31/24 @ 2:00 pm by Zoom. Extension of Discovery and R56 Deadlines to be discussed at Conference on 1/31/24. (Dated: 11/30/23)
  53. Attorney appearance On this date Paul Francis Xavier Yasi, Jr., Esq. added for Plaintiff Kendra Winn on behalf of Herself and all others similarly situated
  54. Event Result:: Conference to Review Status scheduled on: 01/31/2024 02:30 PM Has been: Held as Scheduled Hon. Kenneth W Salinger, Presiding
  55. Endorsement on Motion to Continue Scheduling Conference and to Extend Discovery and Summary Judgment Deadlines (#24.0): Other action taken Allowed in part. All fact discovery as to Plaintiff Winn's individual claims shall be completed by April 30, 2024. Arbella shall serve its motion for summary judgement as to Plaintiff Winn's claims by June 14, 2024; The Rule 9A package shall be filed by July 19, 2024. All other discovery and motion practice is stayed. (Dated: 1/31/24) Notice Sent 2/2/24
  56. Attorney appearance On this date Michael C Forrest, Esq. dismissed/withdrawn for Plaintiff Kendra Winn on behalf of Herself and all others similarly situated

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