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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-05-24
Status Open
Type Actions Involving Business Entities And Government
Docket 242 entries

Parties

Plaintiff Town Of Braintree
Defendant Miia Property & Casualty Group, Inc.|Travelers Casualty And Surety Company|National Casualty Company|Twin City Fire Insurance Company|Nutmeg Insurance Company|Hartfod Casualty Insurance Company|Evanston Insurance Company|Allianz Global Risks Us Insurance Company|Great American Alliance Insurance Company|Great American Assurance Company|Great American|Pacific Employer Insurance Company|Wellfleet New York Insurance Company|Atlanta International Insurance Company|Massachusetts Insurance Insolvency Fund|Does 1 Through 50|Travelers Casualty And Surety Company F/k/a The Aetna Casualty And Surety Company (as Amended)|Century Indemnity Company|United National Insurance Company (as Amended)

Lawyers

Docket Entries

  1. ORDER: Order on Plaintiff Town of Braintree's Assented-to Motion to Extend Deadlines See paper #147 (Dated 11/24/25) Notice sent 11/25/25
  2. Attorney appearance On this date Steven J Pacini, Esq. added for Plaintiff Town Of Braintree
  3. Attorney appearance On this date Nathan Andrew Field Sandals, Esq. added for Plaintiff Town Of Braintree
  4. Attorney appearance On this date Allison M Carbonaro, Esq. added for Plaintiff Town Of Braintree
  5. Attorney appearance On this date Sam Barrows, Esq. added for Plaintiff Town Of Braintree
  6. Original civil complaint filed.
  7. Civil action cover sheet filed.
  8. Docket Note: summonses in hand
  9. General correspondence regarding Notice of Acceptance into Business Litigation Session Accepted into BLS1 (Dated 5/28/2024) Notice sent 5/28/2024
  10. Amended: First amended complaint filed by Town Of Braintree
  11. Party status: Defendant Travelers Casualty and Surety Company: Inactive;
  12. Attorney appearance On this date Kurt Michael Mullen, Esq. added for Defendant Massachusetts Insurance Insolvency Fund
  13. Service Returned for Defendant Massachusetts Insurance Insolvency Fund: Service accepted by counsel;
  14. Service Returned for Defendant Century Indemnity Company: Service accepted by counsel;
  15. Acceptance of Service Of Process Applies To: MIIA Property & Casualty Group, Inc. (Defendant)
  16. Attorney appearance On this date Jacob Goodelman, Esq. added for Defendant Allianz Global Risks US Insurance Company
  17. Service Returned for Applies To: Allianz Global Risks US Insurance Company (Defendant)
  18. Attorney appearance electronically filed.
  19. Service Returned for Defendant Hartfod Casualty Insurance Company: Service accepted by counsel; Service Returned for Defendant Nutmeg Insurance Company: Service accepted by counsel; Service Returned for Defendant Twin City Fire Insurance Company: Service accepted by counsel;
  20. Service Returned for Defendant Twin City Fire Insurance Company: Service accepted by counsel;
  21. Service Returned for Defendant Nutmeg Insurance Company: Service accepted by counsel;
  22. Service Returned for Defendant Hartfod Casualty Insurance Company: Service accepted by counsel;
  23. Service Returned for Defendant Travelers Casualty and Surety Company f/k/a The Aetna Casualty and Surety Company (as amended): Service made via first class mail;
  24. Letter Requesting Status Conference Applies To: Town Of Braintree (Plaintiff)
  25. Opposition to Letter Requesting Status Conference to Address Plaintiff's Request for Leave to File Early Motion on the Breach of Duty to Defend filed by Twin City Fire Insurance Company, Nutmeg Insurance Company, Hartfod Casualty Insurance Company
  26. Service Returned for Defendant Evanston Insurance Company: Service made via regular mail;
  27. Answer to amended complaint Applies To: Twin City Fire Insurance Company (Defendant); Nutmeg Insurance Company (Defendant); Hartfod Casualty Insurance Company (Defendant)
  28. Service Returned for Applies To: Great American Alliance Insurance Company (Defendant); Great American Assurance Company (Defendant)
  29. Attorney appearance electronically filed.
  30. Service Returned for Applies To: Wellfleet New York Insurance Company (Defendant)
  31. Service Returned for Defendant Wellfleet New York Insurance Company: Service accepted by counsel;
  32. Service Returned for Defendant National Casualty Company: Service accepted by counsel;
  33. Answer to amended complaint Applies To: Century Indemnity Company (Defendant)
  34. Party(s) file Stipulation extending time for Massachusetts Insurers Insolvency Fund to Respond to Town of Braintree's First Amended Complaint Applies To: Town Of Braintree (Plaintiff); MIIA Property & Casualty Group, Inc. (Defendant); Great American Alliance Insurance Company (Defendant); Great American Assurance Company (Defendant); Great American (Defendant); Pacific Employer Insurance Company (Defendant); Atlanta International Insurance Company (Defendant); DOES 1 through 50 (Defendant)
  35. Endorsement on Submission of Letter Requesting Status Conference (#13.0): ALLOWED After review, the Town's request to pursue a partially dispositive Motion on the duty to defend issue is ALLOWED. (Dated 8/22/2024) Notice sent 8/27/24
  36. Answer to amended complaint Applies To: Travelers Casualty and Surety Company f/k/a The Aetna Casualty and Surety Company (as amended) (Defendant)
  37. Endorsement on Stipulation to extending time for Massachusetts Insurers Insolvency Fund to Respond to Town of Braintree's First Amended Complaint (#22.0): ALLOWED dated (8/28/24) Notice Sent 8/30/24
  38. Answer to amended complaint Applies To: Great American Alliance Insurance Company (Defendant); Great American Assurance Company (Defendant); Great American (Defendant)
  39. Attorney appearance On this date Catherine Ann Bednar, Esq. added for Defendant Hartfod Casualty Insurance Company
  40. Attorney appearance On this date Catherine Ann Bednar, Esq. added for Defendant Twin City Fire Insurance Company
  41. Attorney appearance On this date Catherine Ann Bednar, Esq. added for Defendant Nutmeg Insurance Company
  42. Attorney appearance electronically filed.
  43. Party(s) file Agreement Second Stipulation Extending Time for Massachusetts Insurers Insolvency Fund to Respond to Amended Complaint Applies To: Town Of Braintree (Plaintiff); Massachusetts Insurance Insolvency Fund (Defendant)
  44. Attorney appearance electronically filed.
  45. Attorney appearance On this date Adam J LaFleche, Esq. added for Defendant National Casualty Company
  46. Attorney appearance electronically filed.
  47. Proposed Agenda for September 6, 2024 Status Conference Applies To: Town Of Braintree (Plaintiff); Travelers Casualty and Surety Company f/k/a The Aetna Casualty and Surety Company (as amended) (Defendant)
  48. Event Result:: Conference to Review Status scheduled on: 09/06/2024 02:00 PM Has been: Held as Scheduled Hon. Helene Kazanjian, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  49. Attorney appearance On this date Jacob Goodelman, Esq. added for Defendant Evanston Insurance Company
  50. Answer to amended complaint Applies To: Evanston Insurance Company (Defendant)
  51. Answer to amended complaint Applies To: National Casualty Company (Defendant)
  52. ORDER: Scheduling Order (Dated: 9/6/24) Notice Sent 9/11/24
  53. Plaintiff Town Of Braintree's EMERGENCY Motion for Extension of Time to File its Second Amended Complaint
  54. Amended: Second amended complaint filed by Town Of Braintree
  55. Endorsement on Motion to Extension of Time to File its Second Amended Complaint (#29.0): ALLOWED Plaintiff Town Of Braintree has until 9-25-24 to file its amended complaint. dated (9/23/24) Notice Sent 9/25/24
  56. Plaintiff, Defendant Town Of Braintree, National Casualty Company's Joint Motion to Modify Summary Judgment Briefing Schedule
  57. Plaintiff Town Of Braintree's Motion for Extension of Time to File Proposed Case Management Order (Unopposed)
  58. Answer to amended complaint (Second) Applies To: Evanston Insurance Company (Defendant)
  59. Endorsement on Motion to Modify Summary Judgment Briefing Schedule (#31.0): ALLOWED dated (9/30/24) Notice sent 10/2/24
  60. Plaintiff, Defendant Town Of Braintree, Allianz Global Risks US Insurance Company's Joint Motion for Voluntary Dismissal without Prejudice as to Allianz Global Risks US Insurance Company (Unopposed)
  61. Answer to Second amended complaint Applies To: National Casualty Company (Defendant)
  62. Plaintiff, Defendant Town Of Braintree, MIIA Property & Casualty Group, Inc.'s Stipulation to Enlarge Time for MIA Property and Causality Group Inc. to Respond to Second Amended Complaint
  63. Endorsement on Motion for Extension of Time to File Proposed Case Management Order (Unopposed) (#32.0): ALLOWED (dated 10/7/2024) Notice Sent 10/8/24
  64. Endorsement on Motion for Voluntary Dismissal without Prejudice as to Allianz Global Risks US Insurance Company (Unopposed) (#34.0): ALLOWED (dated 10/7/2024) Notice Sent 10/8/24
  65. Attorney appearance On this date David A Attisani, Esq. added for Defendant MIIA Property & Casualty Group, Inc.
  66. Attorney appearance On this date Jean-Paul Jaillet, Esq. added for Defendant MIIA Property & Casualty Group, Inc.
  67. Attorney appearance electronically filed.
  68. Attorney appearance electronically filed. On this date Jean-Paul Jaillet, Esq. added for Defendant MIIA Property & Casualty Group, Inc.
  69. Attorney appearance electronically filed. On this date Kevin Finnerty, Esq. added for Defendant MIIA Property & Casualty Group, Inc.
  70. Attorney appearance electronically filed. On this date Nicholas D Calabraro, Esq. added for Defendant MIIA Property & Casualty Group, Inc
  71. Summons, returned SERVED via First Class Mail Applies To: United National Insurance Company (as amended) (Defendant)
  72. Plaintiff, Defendant Town Of Braintree, National Casualty Company's Submission of Proposed Case Management and Tracking Order
  73. Proposed Filings/Orders Plaintiff's Case Management and Tracking Proposal
  74. Answer to amended complaint (Second) Applies To: Wellfleet New York Insurance Company (Defendant)
  75. Attorney appearance On this date William A Schneider, Esq. dismissed/withdrawn for Defendant MIIA Property & Casualty Group, Inc.
  76. Attorney appearance electronically filed.
  77. Defendant MIIA Property & Casualty Group, Inc.'s Submission of Letter to the Court
  78. Plaintiff Town Of Braintree's Submission of Letter to the Court
  79. Answer to Second amended complaint Applies To: MIIA Property & Casualty Group, Inc. (Defendant)
  80. Answer to amended complaint (Second) Applies To: United National Insurance Company (as amended) (Defendant)
  81. Plaintiff Town Of Braintree's Motion for Partial Summary Judgment RE National Casualty Company's Duty to Defend
  82. Town Of Braintree, National Casualty Company's Joint Appendix of Exhibits
  83. Town Of Braintree's Memorandum in support of motion for partial summary judgment RE National Casualty Company's duty to defend
  84. National Casualty Company's Memorandum in opposition to Plaintiff's motion for partial summary judgment regarding duty to defend
  85. MIIA Property & Casualty Group, Inc.'s Limited Joinder in Opposition to Plaintiff's Motion for Partial Summary Judgment
  86. Reply/Sur-reply Plaintiff's Reply in Support of its Motion for Partial Summary Judgment RE National Casualty Company's Duty to Defend
  87. Rule 9A(b)(5) Consolidated Statement of Material Facts
  88. Plaintiff Town Of Braintree's Submission of Letter to the Court ENDORSEMENT: OTHER ACTION TAKEN. The Court will hear the pending motion for summary judgment on 12/9/24. The parties should be prepared to discuss further scheduling on that date. (Dated: 11/18/24) Notice Sent 11/21/24
  89. Defendant MIIA Property & Casualty Group, Inc.'s Submission of Letter to the Court Requesting Adjustment to Court's 11/18/24 Order
  90. Notice of 93A complaint sent to Attorney General
  91. Defendant Evanston Insurance Company's Notice of Filing
  92. Defendant Evanston Insurance Company's Motion for Admission Pro Hac Vice of Shermineh C. Jones, Esq. (Unopposed)
  93. Proposed Filings/Orders
  94. Defendant Evanston Insurance Company's Notice of Filing
  95. Defendant Evanston Insurance Company's Motion for Admission Pro Hac Vice of Charles A. "Tony" Jones, Esq. (Unopposed)
  96. Proposed Filings/Orders
  97. Defendant MIIA Property & Casualty Group, Inc.'s Submission of Letter to the Court
  98. Plaintiff Town Of Braintree's Submission of Letter to Court Regarding Scheduling Conference
  99. Defendant MIIA Property & Casualty Group, Inc.'s Submission of brief response to the Town's letter dated November 27, in order to correct the record
  100. Endorsement on Submission of brief response to the Town's letter dated November 27, in order to correct the record (#55.0): Other action taken All parties shall appear at the December 9th hearing with available dates in January for a Scheduling Conference. (dated 12/2/24) Notice Sent 12/3/24
  101. Endorsement on Motion for Admission Pro Hac Vice of Shermineh C. Jones, Esq. (Unopposed) (#51.0): ALLOWED (dated 12/02/2024) Notice sent 12/3/24
  102. Endorsement on Motion for Admission Pro Hac Vice of Charles A. "Tony" Jones, Esq. (Unopposed) (#52.0): ALLOWED (dated 12/02/2024) Notice sent 12/3/24
  103. Defendant National Casualty Company's Notice of Filing
  104. Defendant National Casualty Company's Motion for Admission Pro Hac Vice of David L. Brown, Esq. (Unopposed)
  105. Proposed Filings/Orders
  106. Affidavit of Compliance Pursuant to Massachusetts Superior Court Rule 9C Applies To: National Casualty Company (Defendant)
  107. Defendant National Casualty Company's Notice of Filing
  108. Defendant National Casualty Company's Motion for Admission Pro Hac Vice of Martha P. Brown, Esq. (Unopposed)
  109. Proposed Filings/Orders
  110. Affidavit of Compliance Pursuant to Massachusetts Superior Court Rule 9C Applies To: National Casualty Company (Defendant)
  111. Defendant National Casualty Company's Submission of Registration Statements for Pro Hac Vice Attorneys
  112. Defendant National Casualty Company's Submission of Letter to the Court
  113. Matter taken under advisement: Rule 56 Hearing scheduled on: 12/09/2024 02:00 PM Has been: Held - Under advisement Hon. Helene Kazanjian, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  114. The following form was generated: Notice to Appear - BLS was generated and sent to: Plaintiff: Robert J Gilbert, Esq. [email protected] Plaintiff: Steven J Pacini, Esq. [email protected] Plaintiff: Nathan Andrew Field Sandals, Esq. [email protected] Plaintiff: Allison M Carbonaro, Esq. [email protected] Plaintiff: Sam Barrows, Esq. [email protected] Defendant: David A Attisani, Esq. [email protected] Defendant: Kevin Finnerty, Esq. [email protected] Defendant: Jean-Paul Jaillet, Esq. [email protected] Defendant: Nicholas D Calabraro, Esq. [email protected] Defendant: Adam J LaFleche, Esq. [email protected] Defendant: Marc Edward Finkel, Esq. [email protected] Defendant: Catherine Ann Bednar, Esq. [email protected] Defendant: Jacob Goodelman, Esq. [email protected] Defendant: Michael D Chefitz, Esq. [email protected] Defendant: Michael D Chefitz, Esq. [email protected] Defendant: Kevin John O'Connor, Esq. [email protected] Defendant: Kurt Michael Mullen, Esq. [email protected] Defendant: Brian P McDonough, Esq. [email protected] Defendant: John J McGivney, Esq. [email protected] Defendant: Kara Ashley Loridas, Esq. [email protected] Defendant: Richard J Riley, Esq. [email protected] Defendant: Melissa Solar Arnold, Esq. [email protected] Defendant: Laura A Robinson, Esq. [email protected] Defendant: Atlanta International Insurance Company No addresses available Defendant: DOES 1 through 50 No addresses available Other interested party: Shermineh C. Jones (PHV for Evanston Insurance Company) 401 9th Street, N.W. Suite 1000, Washington, DC 20004 Other interested party: Charles A. "Tony" Jones (PHV for Evanston Insurance Company) 1001 Haxall Point, Richmond, VA 23219 Sent On: 12/10/2024 11:36:55 Notice to Appear - BLS was generated and sent to: Plaintiff: Robert J Gilbert, Esq. [email protected] Plaintiff: Steven J Pacini, Esq. [email protected] Plaintiff: Nathan Andrew Field Sandals, Esq. [email protected] Plaintiff: Allison M Carbonaro, Esq. [email protected] Plaintiff: Sam Barrows, Esq. [email protected] Defendant: David A Attisani, Esq. [email protected] Defendant: Kevin Finnerty, Esq. [email protected] Defendant: Jean-Paul Jaillet, Esq. [email protected] Defendant: Nicholas D Calabraro, Esq. [email protected] Defendant: Adam J LaFleche, Esq. [email protected] Defendant: Marc Edward Finkel, Esq. [email protected] Defendant: Catherine Ann Bednar, Esq. [email protected] Defendant: Jacob Goodelman, Esq. [email protected] Defendant: Michael D Chefitz, Esq. [email protected] Defendant: Michael D Chefitz, Esq. [email protected] Defendant: Kevin John O'Connor, Esq. [email protected] Defendant: Kurt Michael Mullen, Esq. [email protected] Defendant: Brian P McDonough, Esq. [email protected] Defendant: John J McGivney, Esq. [email protected] Defendant: Kara Ashley Loridas, Esq. [email protected] Defendant: Richard J Riley, Esq. [email protected] Defendant: Melissa Solar Arnold, Esq. [email protected] Defendant: Laura A Robinson, Esq. [email protected] Defendant: Atlanta International Insurance Company No addresses available Defendant: DOES 1 through 50 No addresses available Other interested party: Shermineh C. Jones (PHV for Evanston Insurance Company) 401 9th Street, N.W. Suite 1000, Washington, DC 20004 Other interested party: Charles A. "Tony" Jones (PHV for Evanston Insurance Company) 1001 Haxall Point, Richmond, VA 23219 Sent On: 12/10/2024 11:36:58
  115. Supplemental Affidavit of Adam J. LaFleche in support of Motion for Admission pro hac vice (Entries 56 and 57)
  116. Endorsement on Motion for Admission Pro Hac Vice of Martha P. Brown, Esq. (Unopposed) (#57.0): DENIED There must be local counsel who practices in Massachusetts and available to attend hearing when necessary. (dated 12/09/2024) Notice Sent 12/16/24
  117. Plaintiff, Defendant Town Of Braintree, Travelers Casualty and Surety Company, Twin City Fire Insurance Company, Nutmeg Insurance Company, Hartfod Casualty Insurance Company, Evanston Insurance Company, Allianz Global Risks US Insurance Company, Great American Alliance Insurance Company, Great American Assurance Company, Great American, Twin City Fire Insurance Company, Massachusetts Insurance Insolvency Fund's Joint Motion for Voluntary Dismissal of certain Defendants
  118. Affidavit of Compliance with Superior Court Rule 9A
  119. Notice of filing pursuant to Superior Court Rule 9A(b)(2)(iii)
  120. Endorsement on Motion for Voluntary Dismissal of certain Defendants (#61.0): ALLOWED dated (1/2/25) Notice Sent 1/6/25
  121. Endorsement on Motion for Admission Pro Hac Vice of David L. Brown, Esq. (Unopposed) (#56.0): DENIED Without Prejudice. See endorsement on Docket #57. (Dated 1/8/2025) Notice Sent 1/9/25
  122. Endorsement on Motion for Admission Pro Hac Vice of Martha P. Brown, Esq. (Unopposed) (#57.0): ALLOWED After review of Docket #60, the motion to admit Martha P. Brown pro hac vice is allowed. (dated 1/14/2025) Notice sent 1/15/25
  123. Endorsement on Motion for Admission Pro Hac Vice of David L. Brown, Esq. (Unopposed) (#56.0): ALLOWED After review of docket #60, the motion to admit David L. Brown pro hac vice is allowed. dated (1/14/25) Notice sent 1/30/25
  124. Defendant MIIA Property & Casualty Group, Inc.'s Motion to Bifurcate Count II from Count III
  125. MIIA Property & Casualty Group, Inc.'s Memorandum in support of Motion to Bifurcate Count II from Count III
  126. Opposition to MIIA's Motion to Bifurcate Count II from Count III filed by Town Of Braintree
  127. Affidavit of Allison M. Carbonaro in Support of Plaintiff Town of Braintree's Opposition to MIIA's Motion to Bifurcate Count II from Count III
  128. Reply/Sur-reply MIIA Property & Casualty Group's Reply in Support of its Motion to Bifurcate Count II from Count III
  129. Defendant National Casualty Company's Joinder in Support of MIIA Property & Casualty Group, Inc.'s Motion to Bifurcate Count II from Count III
  130. Response to National Casualty Company's Joinder in MIIA's Motion to Bifurcate filed by Town Of Braintree
  131. Affidavit of Allison M. Carbonaro in Support of Plaintiff Town of Braintree's Response to National Casualty Company's Joinder in MIIA's Motion to Bifurcate
  132. Superior Court Rule 9A Notice of Filing
  133. Proposed Agenda for January 22, 2025 Status Conference Applies To: Town Of Braintree (Plaintiff); MIIA Property & Casualty Group, Inc. (Defendant); National Casualty Company (Defendant); Evanston Insurance Company (Defendant)
  134. Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 01/22/2025 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding
  135. Reply/Sur-reply in opposition to MIIA's motion to bifurcate
  136. ORDER: Scheduling Order See paper #71 dated (2/3/25) Notice sent 2/5/25
  137. Endorsement on Motion to Bifurcate Count II from Count III (#62.0): DENIED After hearing and further review, the motion to bifurcate is DENIED at this time. The motion is denied without prejudice only insofar as either party may seek to bifurcate the claims for trial if a trial proves necessary on both counts. dated (2/3/25) Notice sent 2/5/25
  138. Event Result:: Conference to Review Status scheduled on: 02/27/2025 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Peter B Krupp, Presiding
  139. Plaintiff Town Of Braintree's Submission of Letter to Judge Krupp re: Discovery
  140. Defendant MIIA Property & Casualty Group, Inc.'s Submission of Letter to Judge Krupp
  141. Plaintiff Town Of Braintree's Response to MIIA's letter
  142. Defendant MIIA Property & Casualty Group, Inc.'s Response to Plaintiff's Letter dated February 24, 2025
  143. Defendant National Casualty Company's Submission of Letter to Judge Krupp
  144. Proposed Filings/Orders Proposed Agenda for March 5, 2025 Status Conference
  145. Event Result:: Conference to Review Status scheduled on: 03/05/2025 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding
  146. ORDER: Supplemental Scheduling Order See paper #78 dated (3/6/25) Notice Sent 3/13/25
  147. Event Result:: Conference to Review Status scheduled on: 04/09/2025 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Peter B Krupp, Presiding
  148. Plaintiff, Defendant Town Of Braintree, Evanston Insurance Company's Joint Motion for Voluntary Dismissal of Evanston Insurance Company
  149. Affidavit of Compliance with Superior Court Rule 9A
  150. Notice of Filing pursuant to Superior Court Rule 9A(b)(2)(iii)
  151. Plaintiff Town Of Braintree's Assented to Motion to continue / reschedule an event Status Conference
  152. Event Result:: Conference to Review Status scheduled on: 04/17/2025 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Peter B Krupp, Presiding
  153. Endorsement on Motion to continue / reschedule an event Status Conference (#82.0): ALLOWED The hearing on 4/17/25 is rescheduled to 4/24/25 at 2 pm. (Dated: 4/7/25) Notice sent 04/08/2025.
  154. Defendant MIIA Property & Casualty Group, Inc.'s Notice of Filing
  155. Defendant MIIA Property & Casualty Group, Inc.'s Assented to Motion to Seal
  156. Affidavit in Support of Assented to Motion to Seal Applies To: MIIA Property & Casualty Group, Inc. (Defendant)
  157. Attorney appearance electronically filed.
  158. Attorney appearance electronically filed.
  159. Attorney appearance electronically filed.
  160. Endorsement on Motion for Voluntary Dismissal of Evanston Insurance Company (#79.0): ALLOWED Without opposition. see order of same date. dated (4/10/25) Notice sent 04/14/25
  161. ORDER: Order on Joint Motion for Voluntary Dismissal of Evanston Insurance Company So Ordered Notice sent 4/15/25
  162. Endorsement on Motion to Seal (#84.0): ALLOWED as edited. See Order of same date. (dated 4/14/2025) Notice sent 4/18/25
  163. ORDER: Order Granting MIIA's Assented-To Motion to Seal See paper #87 for Full Order. (dated 4/14/2025) Notice sent 4/18/25
  164. Rule 9A Notice of Filing
  165. Defendant MIIA Property & Casualty Group, Inc.'s Motion to Compel Production of BHPK Documents
  166. MIIA Property & Casualty Group, Inc.'s Memorandum in support of Motion to Compel Production of BHPK Documents
  167. Declaration of Andrew Weiner in Support of MIIA Property & Casualty Group, Inc.'s Motion to Compel Production of BHPK Documents
  168. Opposition to MIIA's Motion to Compel Production of BHPK Documents filed by Town Of Braintree
  169. Affidavit of Crystal Huff
  170. Affidavit of Leonard Kesten
  171. Affidavit of Allison M. Carbonaro in Support of Plaintiff's Opposition to MIIA's Motion to Compel Production of BHPK Documents
  172. Reply/Sur-reply MIIA's Reply in Support of its Motion to Compel Production of PHPK Documents
  173. Plaintiff, Defendant Town Of Braintree, Wellfleet New York Insurance Company's Joint Motion for Voluntary Dismissal of Wellfleet New York Insurance Company
  174. Affidavit of Compliance with Superior Court Rule 9A
  175. Notice of Filing Pursuant to Superior Court Rule 9A(b)(2)(iii)
  176. Defendant MIIA Property & Casualty Group, Inc.'s Submission of Letter to Judge Krupp
  177. Plaintiff Town Of Braintree's Submission of Letter to Judge Krupp Regarding Discovery Disputes
  178. ORDER: Order on Joint Motion for Voluntary Dismissal of Wellfleet New York Insurance Company Dismissed with prejudice and without costs fees or expenses and with all rights of appeal wavied So Ordered Notice sent 4/24/25 (Filed: 4/24/25)
  179. Plaintiff Town Of Braintree's Submission of Letter to the Court
  180. Plaintiff Town Of Braintree's Response to Defendant MIA's Letter Motion Dated April 21, 202\5
  181. Defendant National Casualty Company's Submission of Letter to the Court
  182. Defendant MIIA Property & Casualty Group, Inc.'s Submission of Response to Town's Letter to the Court Dated April 21, 2025
  183. Proposed Agenda for April 24, 2025 Status Conference Applies To: Town Of Braintree (Plaintiff); MIIA Property & Casualty Group, Inc. (Defendant); National Casualty Company (Defendant); United National Insurance Company (as amended) (Defendant)
  184. Endorsement on Motion for Voluntary Dismissal of Wellfleet New York Insurance Company (#97.0): ALLOWED Allowed without opposition. See Order of same date. (dated 4/23/25) Notice sent 04/25/25
  185. Event Result:: Conference to Review Status scheduled on: 04/24/2025 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding
  186. Endorsement on Motion to Compel Production of BHPK Documents (#89.0): ALLOWED After hearing, Allowed as set out in the Memorandum and Order of the same date. (dated 5/5/2025) Notice sent 5/12/25
  187. MEMORANDUM & ORDER: Memorandum and Order on Insurer's Motion to Compel Town to Produce Documents from its Attorney (BHPK) See paper #108 for Full Order. (dated 5/5/2025) Judge: Krupp, Hon. Peter B Notice sent 5/12/25
  188. Defendant MIIA Property & Casualty Group, Inc.'s Submission of Letter To Court
  189. Plaintiff Town Of Braintree's Response to Defendant's MIIA's Letter to the Court dated May 14, 2025
  190. Attorney appearance electronically filed.
  191. Proposed Agenda for May 29, 2025 Status Conference Applies To: Town Of Braintree (Plaintiff); MIIA Property & Casualty Group, Inc. (Defendant); National Casualty Company (Defendant); United National Insurance Company (as amended) (Defendant)
  192. Rule 9A Notice of Filing
  193. Defendant MIIA Property & Casualty Group, Inc.'s Motion to Compel Production of Settlement-Related Communications
  194. MIIA Property & Casualty Group, Inc.'s Memorandum in support of Motion to Compel Production of Settlement-Related Communications
  195. Opposition to MIIA's Motion to Compel Production of Settlement-Related Communications filed by Town Of Braintree
  196. Affidavit of Allison M. Carbonaro in Support of Plaintiff Town of Braintree's Opposition to MIIA's Motion to Compel Production of Settlement-Related Communications
  197. Reply/Sur-reply MIIA's Reply in Support of its Motion to Compel Production of Settlement-Related Communications
  198. Notice of docket entry received from Appeals Court Please take note that on June 4, 2025, the following entry was made on the docket of the above-referenced case (2025-J-0406): Petition pursuant to G.L. c. 231, s. 118 filed for Town of Braintree by Attorney Robert Gilbert.
  199. Docket Note: Copies of Town of Braintree's Petition for Interlocutory Relief Pursuant to M.G.L. c. 231, Sec 118, Town of Braintree's Memorandum of Law in Support of Petition for Interlocutory Relief Pursuant to M.G.L. c. 231, 118 and Record Appendix received. (Filed in the Appeals Court 6/5/25)
  200. Attorney appearance electronically filed.
  201. MEMORANDUM & ORDER: Memorandum of Decision and Order on plff's motion for partial Summary Judgment Notice sent 6/20/25 Judge: Kazanjian, Hon. Helene Notice sent 8/19/25
  202. Endorsement on Motion to compel production of settlement-related communications (#113.0): ALLOWED After review, ALLOWED. The documents sought are not privileged and either will yield potentially admissible evidence including admissions by the Town, or are reasonably calculated to lead to the discovery of admissible evidence. (Dated 6/20/25) Notice sent 06/24/25
  203. Attorney appearance electronically filed.
  204. Attorney appearance On this date Allison M Carbonaro, Esq. dismissed/withdrawn for Plaintiff Town Of Braintree
  205. Notice of docket entry received from Appeals Court Please take note that on June 27, 2025, the following entry was made on the docket of the above-referenced case (2025-J-0406): RE#1: The plaintiff/petitioner Town of Braintree has filed a petition pursuant to G.L. c. 231, s. 118, first par. requesting review of the 5/6/25 (dated 5/5/25) Suffolk Superior Court (2484CV01398) order granting the defendant MIIA Property & Casualty Group, Inc.'s motion to compel production of documents between the Town and the law firm of Brody, Hardoon, Perkins & Kesten, LLP (BHPK). To obtain relief under G. L. c. 231, s. 118, first par., the petitioner faces a substantial burden and must demonstrate that the challenged order is the product of a clear error of law or an abuse of discretion. See Jet-Line Services, Inc. v. Board of Selectmen of Stoughton, 25 Mass App. Ct. 645, 646 (1988). The single justice's authority to vacate an interlocutory order of a trial court judge should "be exercised in a stinting manner with suitable respect for the principle that the exercise of judicial discretion circumscribes the scope of available relief." Edwin Sage Co. v. Foley, 12 Mass. App. Ct. 20, 25 (1981). It is well-established that "[t]rial judges have 'extensive discretion . . . with respect to both the process of discovery and the admission of evidence." Salten v. Ackerman, 64 Mass. App. Ct. 868, 875 (2005), quoting Beaupre v. Cliff Smith & Assocs., 50 Mass. App. Ct. 480, 485 (2000). Only in rare cases will a single justice interfere with the extremely broad discretion of a trial judge with respect to matters of discovery. After careful review of the petition, memorandum of law, supporting documents and the response, I conclude that the petitioner has not demonstrated that the judge's order allowing MIIA's motion for production of documents between the Town and BHPK was the product of a clear error of law or an abuse of discretion. The petitioner's alternative request for leave to take an interlocutory appeal is denied. It is the long-standing and consistently applied policy in the Commonwealth to reject efforts to obtain piecemeal appellate review except in rare and unusual circumstances. See Long v. Wickett, 50 Mass. App. Ct. 380, 387-389 (2000). No such showing has been made here. Accordingly, the petition is denied. (Brennan, J.) *Notice/attest/Krupp, J.
  206. Attorney appearance electronically filed.
  207. Plaintiff Town Of Braintree's Motion for Issuance of a Commission and Letter Rogatory (Unopposed Motion)
  208. Endorsement on Motion for Issuance of a Commission and Letter Rogatory (Unopposed Motion) (#121.0): ALLOWED Without Opposition. (Dated 8/27/2025) Notice sent 9/2/25
  209. ORDER: Order of Issuance of Commission See paper #122 (Dated 8/27/2025) Notice sent 9/2/25
  210. Letters Rogatory RE: Authority in Minnesota (Dated 8/27/2025) Judge: Barry-Smith, Hon. Christopher K Notice sent 9/2/25
  211. Plaintiff Town Of Braintree's Assented to Motion to Extend Deadlines
  212. Event Result:: Final Pre-Trial Conference scheduled on: 12/15/2025 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Christopher K Barry-Smith, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  213. Defendant MIIA Property & Casualty Group, Inc.'s Assented to Motion to Seal
  214. Affidavit in support of MIIA's Assent-To Motion to Seal Applies To: Finnerty, Esq., Kevin (Attorney) on behalf of MIIA Property & Casualty Group, Inc. (Defendant)
  215. Endorsement on Motion to Extend Deadlines (#124.0): ALLOWED Motion is allowed and dates set forth at Paragraph 8 are adopted; clerk will set date for R.56 hearing to occur os February 2026. So ordered. Dated: 9/9/25b Notice sent 9/17/25
  216. Cover Letter
  217. Superior Court Rule 9A Notice Of Filing
  218. Defendant MIIA Property & Casualty Group, Inc.'s Motion to Compel Compliance With Court's May 5 Order
  219. MIIA Property & Casualty Group, Inc.'s Memorandum in support of Motion to Compel Compliance With Court's May 5 Order
  220. Opposition to Motion To Compel Compliance With The Court's May 5 Order filed by Town Of Braintree
  221. Reply/Sur-reply In Support Of Is Motion To Compel Compliance With The Court's May 5 Order
  222. Plaintiff Town Of Braintree's Assented to Motion for Voluntary Dismissal of Untied National Insurance Company
  223. Party status: Defendant United National Insurance Company (as amended): Inactive;
  224. Endorsement on Motion for Voluntary Dismissal of Untied National Insurance Company (#133.0): ALLOWED Order entered on this date. (Dated: 9/22/25) Notice sent 9/25/25
  225. ORDER: Order on Plaintiff's Assented-to Motion Voluntary Dismissal of Untied National Insurance Company (Dated: 9/22/25) Notice sent 9/25/25
  226. Endorsement on Motion to seal (#125.0): ALLOWED Allowed. See order. (Dated 9/19/25) Notice sent 10/1/25
  227. ORDER: Order Granting MIIA Property & Casualty Group, Inc.'s Unopposed Motion for Sealing See paper #136 (Dated 9/19/25) Notice sent 10/1/25
  228. Event Result:: Motion Hearing to Compel scheduled on: 10/06/2025 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Christopher K Barry-Smith, Presiding
  229. Plaintiff(s) Town Of Braintree motion filed for a Protective Order to Quash MIIA Property and Casualty Group, Inc.'s Deposition Subpoenas
  230. Opposition to Motion for a Protective Order to Quash MIIA Property & Casualty Group, Inc.'s Deposition Subpoenas filed by MIIA Property & Casualty Group, Inc.
  231. Affidavit Kevin Finnerty in Support of MIIA's Opposition to Motion to Quash Deposition Subpoenas
  232. Reply/Sur-reply Reply to Opposition to Motion for a Protective Order to Quash MIIA Property and Casualty Group, Inc.'s Deposition Subpoenas
  233. Affidavit of Compliance with Superior Court Rule 9A
  234. Plaintiff Town Of Braintree's Notice of Filing Pursuant to Superior Court Rule 9A(b)(iii)
  235. Attorney appearance electronically filed.
  236. Matter taken under advisement: Motion Hearing to Compel scheduled on: 10/10/2025 10:00 AM Has been: Held - Under advisement Hon. Christopher K Barry-Smith, Presiding
  237. Matter taken under advisement: Motion Hearing scheduled on: 10/10/2025 10:00 AM Has been: Held - Under advisement Hon. Christopher K Barry-Smith, Presiding
  238. ORDER: Order on Discovery Motions See paper #143 for Full Order (dated 10/17/2025) Notice sent 10/30/25
  239. ORDER: Supplemental Discovery Order Following In Camera Review See p#144 for complete Order. (dated 10/23/25) Notice sent 10/29/25
  240. Plaintiff Town Of Braintree's Notice of Acceptance of National Casualty Company's Mass. R. Civ. P. Rule 68 Offer of Judgment (filed 10/24/25)
  241. Plaintiff Town Of Braintree's Assented to Motion to Extend Deadlines
  242. Endorsement on Motion to extend deadlines (#146.0): ALLOWED Motion is allowed and proposed dates are adopted. The hearing on summary judgment will remain scheduled for 2/19/26 and the parties should provide a courtesy copy of the Rule 56 filings to Courtroom 1015 upon filing on 2/16/26. So ordered. (Dated 11/24/25) Notice sent 11/25/25

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