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Case Information
Filed
2023-12-01
Status
Open
Type
Environmental
Docket
30 entries
Parties
Plaintiff
Imperium Insurance Company A/s/o Cubby Oil, Co., Inc.
Defendant
Thomas A. Dewire Trust|Dewire, Andrew|Chubby Oil, Co., Inc.
Lawyers
Docket Entries
- Complaint electronically filed.
- Civil action cover sheet filed.
- Demand for jury trial entered.
- Case assigned to: DCM Track F - Fast Track was added on 12/01/2023
- Service Returned for Defendant Dewire, Andrew: Service made in hand; to Andrew Dewire, on 12/27/2023.At 26 Crestwood Drive Wellesley, MA 02481.
- Service Returned for Defendant Thomas A. Dewire Trust: Service made in hand; to Andrew Dewire. On 12/27/2023.At 26 Crestwood Drive Wellesley, MA 02481.
- Amended: First amended complaint filed by Imperium Insurance Company A/S/O Cubby Oil, Co., Inc. And Jury Demand
- Summons, returned SERVED Service in Hand. To Andrew Dewire,Person in charge at time of service. On 01/30/2024. At 26 Crestwood Drive Wellesley, MA 02481. Applies To: Dewire, Andrew (Defendant)
- Summons, returned SERVED Service in Hand. To Andrew Dewire,Person in charge at time of service. On 01/30/2024. At 26 Crestwood Drive Wellesley, MA 02481. Applies To: Thomas A. Dewire Trust (Defendant)
- Received from Defendant Thomas A. Dewire Trust: Answer to original complaint;
- Attorney appearance On this date Neil Rossman, Esq. added as Private Counsel for Defendant Thomas A. Dewire Trust
- Received from Defendant Dewire, Andrew: Answer to original complaint; See P#8
- Attorney appearance On this date Neil Rossman, Esq. added as Private Counsel for Defendant Andrew Dewire
- Imperium Insurance Company A/S/O Cubby Oil, Co., Inc.'s MOTION for appointment of Special Process Server. David D. Ayles
- Endorsement on Motion to appointment of Special Process Server. David D. Ayles (#9.0): ALLOWED Copy Given in hand. Judge: Barry-Smith, Hon. Christopher K
- rd Party Complaint filed.
- Service Returned for Defendant Chubby Oil, Co., Inc.: Service through person in charge / agent; In hand to Eric Mohen, Manager, on February 16, 2024 at 36 Jonspin RD Wilmington, MA.
- Plaintiff Imperium Insurance Company A/S/O Cubby Oil, Co., Inc.'s Notice of Motion to Dismiss
- Plaintiff Imperium Insurance Company A/S/O Cubby Oil, Co., Inc.'s Motion to dismiss Third-Party Complaint with Memorandum of Law Incorporated
- Opposition to Plaintiff Imperium Insurance Company A/S/O Cubby Oil, Co., Inc.'s Motion to dismiss Third-Party Complaint with Memorandum of Law Incorporated filed by Applies To: Thomas A. Dewire Trust (Defendant); Dewire, Andrew (Defendant)
- Rule 9A Affidavit of Megan E. Fitzgerald, Esq.
- Plaintiff Imperium Insurance Company A/S/O Cubby Oil, Co., Inc.'s Request for Hearing
- Certificate of Compliance Superior Court Rule 9C Applies To: Fitzgerald, Esq., Megan (Attorney) on behalf of Imperium Insurance Company A/S/O Cubby Oil, Co., Inc. (Plaintiff)
- Matter taken under advisement: Rule 12 Hearing scheduled on: 06/06/2024 02:00 PM Has been: Held - Under advisement Camille Sarrouf, Presiding Staff: Debra J Newman, Assistant Clerk
- Endorsement on Motion to dismiss certain counts Third Party complaint (#13.0): Other action taken EXPANDED ENDORSEMENT on plaintiff's motion to dismiss third-party complaint (Paper #13). After review of the pleadings and hearing on the motion identifying the common law negligence claim forwarded by the defendants/third-party plaintiffs (as separate and distinct from the M.G.L. c. 21E responsibility issue identified in the underlying first-party complaint), the motion is DENIED without prejudice. Defendants/plaintiffs-in-counterclaim, Thomas A. Dewire Trust and Andrew Dewire, shall have until July 2, 2024, to file an amended third-party complaint identifying those distinct/independent common law negligence claims/damages sought. Defendants/plaintiffs-in-counterclaim cannot plead or seek a re-litigation of the underlying determination sought by the plaintiff in their complaint, pursuant to M.G.L. c. 21E. SO ORDERED.
- Amended: first amended 3rd party complaint filed by Thomas A. Dewire Trust, Andrew Dewire
- Received from Defendant Chubby Oil, Co., Inc.: Answer to the Third Party Complaint;
- Attorney appearance electronically filed.
- Attorney appearance electronically filed.
- Attorney appearance On this date Nicholas Kosiavelon, Esq. added as Private Counsel for Defendant Chubby Oil, Co., Inc.
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