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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-11-08
Status Open
Type Superior Court Refile After A Dismissal Nisi Order Mgl C 212 3 A(d) No Fee.
Docket 51 entries

Parties

Plaintiff Erwin, Joseph Daniel
Defendant David A. Cabral Excavating, Inc.

Lawyers

Docket Entries

  1. Form generated: Notice of Next Event(Event Notice) CV Sent On: 01/14/2026 10:22:26
  2. Civil action recommenced after a Superior Court dismissal nisi. Credit applied for filing fee [MGL C212 3A (b)].
  3. Complaint filed
  4. Statement of damages filed by Plaintiff alleging contract action for damages of more than $25000. (Dist./Mun.Cts.Supp.R.Civ.P. 102A)
  5. Civil action recommenced after a Superior Court dismissal nisi. Credit applied for filing fee [MGL C212 3A (b)].
  6. Answer filed by David A. Cabral Excavating, Inc.
  7. Amended Answer filed by David A. Cabral Excavating, Inc.
  8. Event Scheduled Event: Case Management Conference Date: 01/30/2025 Time: 11:30 AM Result: Held
  9. Appearance filed On this date Marc Denis Fournier, Esq. added as Private Counsel for Defendant David A. Cabral Excavating, Inc.
  10. Return of service on complaint and summons to David A. Cabral Excavating, Inc.: Officer service SERVED in hand (Mass.R.Civ.P. 4(f)). 11/20/2024 @ 10:58 am
  11. Event Resulted: Case Management Conference scheduled on: 01/30/2025 11:30 AM Has been: Held John M DiSanto, Presiding
  12. Event Scheduled Event: Pretrial Conference (CV) Date: 06/10/2025 Time: 10:00 AM Result: Reschedule of Hearing
  13. Case Management Conference Report Filed by the Court Judge: DiSanto, John M
  14. Motion for summary judgment (Mass.R.Civ.P.56) filed by David A. Cabral Excavating, Inc.-Defendant.
  15. Affidavit of David A. Cabral Excavating, Inc. Material Facts filed.
  16. Event Scheduled Event: Motion Hearing (CV) Date: 05/06/2025 Time: 09:00 AM Result: Held - under advisement
  17. Opposition filed to Motion for Summary Judgment filed.
  18. Affidavit in support of motion filed.
  19. The following matter was taken under advisement: (Free Text): Motion Hearing (CV) scheduled on: 05/06/2025 09:00 AM Has been: Held - under advisement Hon. Joseph P. Hurley, Presiding
  20. Defendant's Addendum to Defendant's Affidavit of Material facts filed
  21. Event Scheduled Event: Motion Hearing (CV) Date: 06/03/2025 Time: 09:00 AM Result: Held
  22. Motion to Reschedule Pretrial Hearing filed by David A. Cabral Excavating, Inc.-Defendant.
  23. Event Resulted: Motion Hearing (CV) scheduled on: 06/03/2025 09:00 AM Has been: Held Hon. Joseph P Harrington, Jr., Presiding
  24. Motion to reschedule PTC (filed by defendant) allowed . - copy to parties.
  25. Event Scheduled Event: Pretrial Conference (CV) Date: 08/05/2025 Time: 11:15 AM Result: Reschedule of Hearing
  26. Appearance filed
  27. Appearance filed On this date Stephanie M Chesney, Esq. added as Private Counsel for Defendant David A. Cabral Excavating, Inc.
  28. Motion to continue PTC filed by Joseph Daniel Erwin-Plaintiff, David A. Cabral Excavating, Inc.-Defendant.
  29. Event Scheduled Event: Pretrial Conference (CV) Date: 08/26/2025 Time: 10:45 AM Result: Held
  30. Finding and decision made on the following matter that was previously taken under advisement: Motion for Summary Judgment. Judge: Hurley, Hon. Joseph P.
  31. Motion for Summary Judgment allowed . - after hearing and review the Motion is ALLOWED in Part and DENIED in part. (see decision and Order of this date). - copy to parties.
  32. Finding and decision made on the following matter that was previously taken under advisement: Decision and order on Defendant's Motion for Summary Judgment. - copy to parties.
  33. Appearance filed
  34. Appearance filed On this date Matthew R Manuszak, Esq. added as Private Counsel for Defendant David A. Cabral Excavating, Inc.
  35. Motion to compel production of documents filed by David A. Cabral Excavating, Inc.-Defendant.
  36. Motion for reconsideration filed by Joseph Daniel Erwin-Plaintiff. MUST BE HEARD BEFORE JUDGE HURLEY
  37. Memorandum filed jointly by all parties.
  38. Event Resulted: Pretrial Conference (CV) scheduled on: 08/26/2025 10:45 AM Has been: Held C-M Peter J Thomas, Presiding
  39. Event Scheduled Event: Pretrial Conference (CV) Date: 11/18/2025 Time: 10:45 AM Result: Reschedule of Hearing
  40. Opposition filed to Plaintiff's Motion for Reconsideration filed. by the defendant
  41. Event Scheduled Event: Motion Hearing (CV) Date: 11/14/2025 Time: 09:00 AM Result: Held - Motion Allowed
  42. Form generated: Notice of Next Event(Event Notice) CV Sent On: 10/30/2025 14:25:12
  43. Motion to continue Motion hearing filed by Joseph Daniel Erwin and assented to by other party(ies).
  44. Motion for continuance (Mass.R.Civ.P.40[b]) allowed .
  45. Event Scheduled Event: Motion Hearing (CV) Date: 01/13/2026 Time: 09:00 AM Result: Held
  46. Event Scheduled Event: Pretrial Conference (CV) Date: 01/13/2026 Time: 09:30 AM Result: Held
  47. Event Resulted: Motion Hearing (CV) scheduled on: 01/13/2026 09:00 AM Has been: Held Hon. Joseph P. Hurley, Presiding
  48. Motion for reconsideration denied. - after hearing, review and reconsideration, the Court declines to change its ruling in its Decision and Order on Summary Judgment dated July 28, 2025. The nonmoving party cannot defeat a motion for summary judgment by resting on its pleadings and mere assertions of disputed facts. LaLonde v. Eisner, 405, Mass 209.209 (1989). The Motion for Reconsideration is DENIED - copy to parties.
  49. Event Resulted: Pretrial Conference (CV) scheduled on: 01/13/2026 10:00 AM Has been: Held Hon. Joseph P. Hurley, Presiding
  50. Pretrial conference report filed. Judge: Hurley, Hon. Joseph P.
  51. Event Scheduled Event: Jury Trial (CV) Date: 06/01/2026 Time: 09:00 AM

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