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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-23
Status Activity Suspended
Type Equity Action Involving An Incarcerated Party
Docket 83 entries

Parties

Plaintiff O'brien W 63353, Edward S|Perry W 83163, Jwainus|Rosa W 101020, Daniel|Cantell W 36380, Robert|Garrett W 115974, Amon
Defendant Carol Mici As Commissoner Of The Doc|Matthew Divris As Superintendent At Ncci|Christine Larkin As Deputy Superintendent At Ncci|Kerry Keefe As Director Of Classification At Ncci Gardner|Robert Boutwell As Director Of Treatment At Ncci Gardner|Mark Richard As Director Of Security At Ncci Gardner|Leisa Crowley As Lieutenant At Ncci Gardner

Lawyers

Docket Entries

  1. Defendant Carol Mici as Commissoner of the DOC, Matthew Divris as Superintendent at NCCI, Christine Larkin as Deputy Superintendent at NCCI, Kerry Keefe as Director of Classification at NCCI Gardner, Robert Boutwell as Director of Treatment at NCCI Gardner, Mark Richard as Director of Security at NCCI Gardner, Leisa Crowley as Lieutenant at NCCI Gardner's Submission of Defendants' Status Report
  2. Attorney appearance On this date Pro Se added for Plaintiff Jwainus Perry W83163
  3. Attorney appearance On this date Pro Se added for Plaintiff Daniel Rosa W101020
  4. Attorney appearance On this date Pro Se added for Plaintiff Robert Cantell W36380
  5. Attorney appearance On this date Pro Se added for Plaintiff Amon Garrett W115974
  6. Case assigned to: DCM Track F - Fast Track was added on 08/23/2023
  7. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed Supplemental affidavit
  8. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed Supplemental affidavit
  9. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed Supplemental affidavit
  10. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed Supplemental affidavit
  11. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed Supplemental affidavit
  12. Original civil complaint filed.
  13. Civil action cover sheet filed.
  14. Demand for jury trial entered.
  15. Plaintiffs Edward S O'Brien W63353, Jwainus Perry W83163, Robert Cantell W36380, Amon Garrett W115974, Daniel Rosa W101020's Motion for Waiver of Filing Fee's and costs
  16. Plaintiffs Edward S O'Brien W63353, Jwainus Perry W83163, Daniel Rosa W101020, Robert Cantell W36380, Amon Garrett W115974's Motion to Proceed in Forma Pauperis
  17. Plaintiffs Edward S O'Brien W63353, Jwainus Perry W83163, Daniel Rosa W101020, Robert Cantell W36380, Amon Garrett W115974's Motion to make service of process by certified mail
  18. Plaintiffs Edward S O'Brien W63353, Jwainus Perry W83163, Daniel Rosa W101020, Robert Cantell W36380, Amon Garrett W115974's Motion for Appointment of counsel
  19. Plaintiffs Edward S O'Brien W63353, Jwainus Perry W83163, Daniel Rosa W101020, Robert Cantell W36380, Amon Garrett W115974's Motion to Certify as Class
  20. ORDER: To Commissioner of Correction to provide certain information regarding inmate account relative to plaintiff's Motion to waive fling fee and proceed in Forma Paupers. By the Court. Notice Sent: 8/25/23 Applies To: O'Brien W63353, Edward S (Plaintiff)
  21. ORDER: To Commissioner of Correction to provide certain information regarding inmate account relative to plaintiff's Motion to waive fling fee and proceed in Forma Paupers. By the Court. Notice Sent: 8/25/23 Applies To: Perry W83163, Jwainus (Plaintiff)
  22. ORDER: To Commissioner of Correction to provide certain information regarding inmate account relative to plaintiff's Motion to waive fling fee and proceed in Forma Paupers. By the Court. Notice Sent: 8/25/23 Applies To: Rosa W101020, Daniel (Plaintiff)
  23. ORDER: To Commissioner of Correction to provide certain information regarding inmate account relative to plaintiff's Motion to waive fling fee and proceed in Forma Paupers. By the Court. Notice Sent: 8/25/23 Applies To: Cantell W36380, Robert (Plaintiff)
  24. ORDER: To Commissioner of Correction to provide certain information regarding inmate account relative to plaintiff's Motion to waive fling fee and proceed in Forma Paupers. By the Court. Notice Sent: 8/25/23 Applies To: Garrett W115974, Amon (Plaintiff)
  25. ORDER: After a review of petition and correspondence, the Court has instructed the Clerk's Office to take the flowing action: Service to be made upon defendants) by means of certified mail at the plaintiff's expense, and you must return to the court the original summons with the green return receipt card for each defendant. A copy of the complaint is to be sent to the Office of the Attorney General of the Department of Corrections by the plaintiff(s). Notice Sent 8/25/2023
  26. Docket Note: Seven Summonses, Copy of Affidavit of Indigency, Complaint, CACS, Orders # 13 - 17 sent to DOC to fax requesting a canteen account for (6) months from NCCI Gardner. (Dated: 8/25/23)
  27. Plaintiff Edward S O'Brien W63353's Request for Production of Documents
  28. Service Returned for Defendant Carol Mici as Commissoner of the DOC: Service via certified mail;
  29. ORDER: Notice of Waiver of Court costs and request for payment to be withdrawn from account (Pursuant to G.L. c. 261 sec. 29) The prisoner/plaintiff in the above-captioned action has filed a motion to waive the filing fee of $275.00 and court costs (normal) and to proceed in forma pauperis. After reviewing the affidavit of indigency and the statement of inmate account provided by the correctional facility, the court hereby orders: The plaintiff is incapable of paying the filing fee and may proceed in forma pauperis. By the Court (Anthony M. Campo, Justice). (Notice Sent 09/19/23) Applies To: O'Brien W63353, Edward S (Plaintiff)
  30. ORDER: Notice of Waiver of Court costs and request for payment to be withdrawn from account (Pursuant to G.L. c. 261 sec. 29) The prisoner/plaintiff in the above-captioned action has filed a motion to waive the filing fee of $275.00 and court costs (normal) and to proceed in forma pauperis. After reviewing the affidavit of indigency and the statement of inmate account provided by the correctional facility, the court hereby orders: The plaintiff is incapable of paying the filing fee and may proceed in forma papauperis. By the Court (Anthony M. Campo, Justice). (Notice Sent 09/19/23) Applies To: Garrett W115974, Amon (Plaintiff)
  31. ORDER: Notice of Waiver of Court costs and request for payment to be withdrawn from account (Pursuant to G.L. c. 261 sec. 29) The prisoner/plaintiff in the above-captioned action has filed a motion to waive the filing fee of $275.00 and court costs (normal) and to proceed in forma pauperis. After reviewing the affidavit of indigency and the statement of inmate account provided by the correctional facility, the court hereby orders: The plaintiff is incapable of paying the filing fee and may proceed in forma pauperis. By the Court (Anthony M. Campo, Justice). (Notice Sent 09/19/23) Applies To: Rosa W101020, Daniel (Plaintiff)
  32. ORDER: Notice of Waiver of Court costs and request for payment to be withdrawn from account (Pursuant to G.L. c. 261 sec. 29) The prisoner/plaintiff in the above-captioned action has filed a motion to waive the filing fee of $275.00 and court costs (normal) and to proceed in forma pauperis. After reviewing the affidavit of indigency and the statement of inmate account provided by the correctional facility, the court hereby orders: The plaintiff is ordered to pay a lump-sum partial payment of $40.00 in order to proceed. The court further finds that requiring additional installment payments would create an undue administrative burden for the court. The prisoner's name and case number must be noted on each remittance. Payment is to be made by way of check or money order payable to the Suffolk Superior Court Clerk by 10/19/2023. Payment should be mailed to: Suffolk Superior Civil Clerk's Office Prisoner Department, Room 1203 Three Pemberton Square,12th floor Boston, MA 02108 By the Court (Rosemary Connolly, Justice) Notice Sent: 9/19/2023 Applies To: Cantell W36380, Robert (Plaintiff)
  33. ORDER: Notice of Waiver of Court costs and request for payment to be withdrawn from account (Pursuant to G.L. c. 261 sec. 29) The prisoner/plaintiff in the above-captioned action has filed a motion to waive the filing fee of $275.00 and court costs (normal) and to proceed in forma pauperis. After reviewing the affidavit of indigency and the statement of inmate account provided by the correctional facility, the court hereby orders: The plaintiff is ordered to pay a lump-sum partial payment of $275.00 in order to proceed. The court further finds that requiring additional installment payments would create an undue administrative burden for the court. The prisoner's name and case number must be noted on each remittance. Payment is to be made by way of check or money order payable to the Suffolk Superior Court Clerk by 10/19/2023. Payment should be mailed to: Suffolk Superior Civil Clerk's Office Prisoner Department, Room 1203 Three Pemberton Square,12th floor Boston, MA 02108 By the Court (Rosemary Connolly, Justice) Notice Sent: 9/19/2023 Applies To: Perry W83163, Jwainus (Plaintiff)
  34. Service Returned for Defendant Carol Mici as Commissoner of the DOC: Service via certified mail;
  35. Service Returned for Defendant Matthew Divris as Superintendent at NCCI: Service via certified mail;
  36. Service Returned for Defendant Christine Larkin as Deputy Superintendent at NCCI: Service via certified mail;
  37. Service Returned for Defendant Kerry Keefe as Director of Classification at NCCI Gardner: Service via certified mail;
  38. Service Returned for Defendant Robert Boutwell as Director of Treatment at NCCI Gardner: Service via certified mail;
  39. Service Returned for Defendant Mark Richard as Director of Security at NCCI Gardner: Service via certified mail;
  40. Service Returned for Defendant Leisa Crowley as Lieutenant at NCCI Gardner: Service via certified mail;
  41. Affidavit filed by Plaintiff Edward S O'Brien W63353 in support of Service
  42. Defendant Carol Mici as Commissoner of the DOC, Matthew Divris as Superintendent at NCCI, Christine Larkin as Deputy Superintendent at NCCI, Kerry Keefe as Director of Classification at NCCI Gardner, Robert Boutwell as Director of Treatment at NCCI Gardner, Mark Richard as Director of Security at NCCI Gardner, Leisa Crowley as Lieutenant at NCCI Gardner's Motion for more definite statement
  43. Attorney appearance On this date Stephen G Dietrick, Esq. added for Defendant Carol Mici as Commissoner of the DOC, Defendant Matthew Divris as Superintendent at NCCI, Defendant Christine Larkin as Deputy Superintendent at NCCI, Defendant Kerry Keefe as Director of Classification at NCCI Gardner, Defendant Robert Boutwell as Director of Treatment at NCCI Gardner, Defendant Mark Richard as Director of Security at NCCI Gardner, Defendant Leisa Crowley as Lieutenant at NCCI Gardner.
  44. Plaintiff Edward S O'Brien W63353's Motion to request judgement by default and affidavit in support of Motion to request judgement by default
  45. Endorsement on Motion for more definite statement (#33.0): ALLOWED Motion is allowed. plaintiff's shall provide the defendants within 30 days of this order a full copy of exhibits although exhibit AAA so that defendants ,may review the same and be able to file their answer and/or another responsive pleading. dated (11/7/23)
  46. Opposition to plaintiffs' motion to request Judgment by Default filed by Applies To: Carol Mici as Commissoner of the DOC (Defendant); Matthew Divris as Superintendent at NCCI (Defendant); Christine Larkin as Deputy Superintendent at NCCI (Defendant); Kerry Keefe as Director of Classification at NCCI Gardner (Defendant); Robert Boutwell as Director of Treatment at NCCI Gardner (Defendant); Mark Richard as Director of Security at NCCI Gardner (Defendant); Leisa Crowley as Lieutenant at NCCI Gardner (Defendant)
  47. Defendants Carol Mici as Commissoner of the DOC's Notice of withdrawal of motion for more definite statement, and defendants' motion to enlarge Applies To: Carol Mici as Commissoner of the DOC (Defendant); Matthew Divris as Superintendent at NCCI (Defendant); Christine Larkin as Deputy Superintendent at NCCI (Defendant); Kerry Keefe as Director of Classification at NCCI Gardner (Defendant); Robert Boutwell as Director of Treatment at NCCI Gardner (Defendant); Mark Richard as Director of Security at NCCI Gardner (Defendant); Leisa Crowley as Lieutenant at NCCI Gardner (Defendant)
  48. Opposition to Defendants' Motion for more definite statement filed by Edward S O'Brien W63353
  49. Affidavit of Edward S. O'Brien in support of Plaintiffs' Opposition to Defendants' Motion for more definite statement
  50. Endorsement on Motion to request judgement by default (#34.0): DENIED Motion is DENIED. The Court previously ALLOWED the Defendant's Motion for more Definite Statement. Defendant's claimed they had not received Exhibits allegedly marked A through AAA attached to Plaintiff's Complaint. As such that motion was a responsive pleading and the court extended the period of time for the Defendants to respond further. (Dated 11/13/2023) Notice sent 11/16/23 Notice sent 11/17/2023.
  51. Endorsement on Submission of Opposition to plaintiffs' motion to request Judgment by Default (#35.0): No Action Taken The motion is MOOT. The Court has DENIED without prejudice. The Plaintiffs' Motion for Default because this court had allowed Defendants' motion for a more definitive statement. (dated: 11/15/23)
  52. Endorsement on Notice of withdrawal of motion for more definite statement, and defendants' motion to enlarge (#36.0): ALLOWED Motion to withdraw motion in a definitive statement. Defendant saying it now has exhibits attached to complaint is ALLOWED. Motion for Enlargement of Time to Respond to Complaint until 1/30/23 is ALLOWED. (Dated: 11/15/24)
  53. Endorsement on Submission of Opposition to Defendants' Motion for more definite statement filed by Edward S O'Brien W63353 (#37.0): Other action taken Motion is MOOT as Defendants have withdrawn their motion. Please see prior rulings. (Dates: 11/20/23) Notice Sent 11/28/23
  54. Defendants Carol Mici as Commissoner of the DOC's Motion to dismiss Applies To: Matthew Divris as Superintendent at NCCI (Defendant); Christine Larkin as Deputy Superintendent at NCCI (Defendant); Kerry Keefe as Director of Classification at NCCI Gardner (Defendant); Robert Boutwell as Director of Treatment at NCCI Gardner (Defendant); Mark Richard as Director of Security at NCCI Gardner (Defendant); Leisa Crowley as Lieutenant at NCCI Gardner (Defendant)
  55. Carol Mici as Commissoner of the DOC's Memorandum in support of Motion to dismiss Applies To: Matthew Divris as Superintendent at NCCI (Defendant); Christine Larkin as Deputy Superintendent at NCCI (Defendant); Kerry Keefe as Director of Classification at NCCI Gardner (Defendant); Robert Boutwell as Director of Treatment at NCCI Gardner (Defendant); Mark Richard as Director of Security at NCCI Gardner (Defendant); Leisa Crowley as Lieutenant at NCCI Gardner (Defendant)
  56. Endorsement on Memorandum of Of Law In Support Of Motion to dismiss (#40.0): Other action taken the plaintiff's have until march 4, 2024 to file the opposition. dated (2/1/24) Notice Sent 2/8/24
  57. Opposition to Defendants' Motion to Dismiss Plaintiffs' complaint filed by Edward S O'Brien W63353, Jwainus Perry W83163, Daniel Rosa W101020, Robert Cantell W36380, Amon Garrett W115974
  58. Edward S O'Brien W63353, Jwainus Perry W83163, Daniel Rosa W101020, Robert Cantell W36380, Amon Garrett W115974's Memorandum in support of Plaintiffs' opposition to Defendants' motion to dismiss
  59. Defendant Christine Larkin as Deputy Superintendent at NCCI's Submission of Supplemental Information In Support Of Defendants' Motion To Dismiss
  60. Plaintiff Edward S O'Brien W63353's Motion to Compel Discovery
  61. Affidavit of Edward S. O'Brien in support of Plaintiffs' Motion to Compel Discovery Applies To: O'Brien W63353, Edward S (Plaintiff)
  62. Endorsement on Motion to Compel Discovery (#44.0): Other action taken The Defendants have until 5/2/2024 to produce Discovery or file an opposition to this Motion. (Dated 3/28/2024) Notice Sent 4/2/24
  63. Plaintiff Edward S O'Brien W63353's EMERGENCY Motion to Cease Defendants' Retaliatory Actions
  64. Plaintiff Edward S O'Brien W63353's Submission of Argument and Memorandum of Law in support of Plaintiffs' Emergency Motion to Cease Defendants' Retaliatory Actions
  65. Endorsement on Motion to cease Defendants' retaliatory actions (#46.0): Other action taken Defendants shall respond to this motion by 5/8/24. (Dated 4/17/24) Notice Sent 4/23/24
  66. Defendant Carol Mici as Commissoner of the DOC, Matthew Divris as Superintendent at NCCI, Christine Larkin as Deputy Superintendent at NCCI, Kerry Keefe as Director of Classification at NCCI Gardner, Robert Boutwell as Director of Treatment at NCCI Gardner, Mark Richard as Director of Security at NCCI Gardner, Leisa Crowley as Lieutenant at NCCI Gardner's Motion to Stay Discovery
  67. Opposition to Plaintiff's Motion to compel discovery filed by Carol Mici as Commissoner of the DOC, Matthew Divris as Superintendent at NCCI, Christine Larkin as Deputy Superintendent at NCCI, Kerry Keefe as Director of Classification at NCCI Gardner, Robert Boutwell as Director of Treatment at NCCI Gardner, Mark Richard as Director of Security at NCCI Gardner, Leisa Crowley as Lieutenant at NCCI Gardner
  68. Opposition to O'Brien's Motion RE: Alleged Retaliatory Conduct filed by Carol Mici as Commissoner of the DOC, Matthew Divris as Superintendent at NCCI, Christine Larkin as Deputy Superintendent at NCCI, Kerry Keefe as Director of Classification at NCCI Gardner, Robert Boutwell as Director of Treatment at NCCI Gardner, Mark Richard as Director of Security at NCCI Gardner, Leisa Crowley as Lieutenant at NCCI Gardner
  69. Party Status: Plaintiff Perry W83163, Jwainus: Inactive: Suggestion of Bankruptcy;
  70. Defendants Carol Mici as Commissoner of the DOC, Matthew Divris as Superintendent at NCCI, Christine Larkin as Deputy Superintendent at NCCI, Kerry Keefe as Director of Classification at NCCI Gardner, Robert Boutwell as Director of Treatment at NCCI Gardner, Mark Richard as Director of Security at NCCI Gardner, Leisa Crowley as Lieutenant at NCCI Gardner's Submission of Suggestion of Death
  71. Party status: Plaintiff Perry W83163, Jwainus: Inactive;
  72. Event Result:: Conference to Review Status scheduled on: 01/02/2025 05:30 AM Has been: Canceled For the following reason: By Court prior to date Hon. Anthony M. Campo, Presiding Staff: Timothy C Walsh, Assistant Clerk Magistrate
  73. Habeas corpus issued as to Edward S O'Brien W63353 at North Central Correctional Center for 01/08/2025 02:00 PM Rule 12 Hearing. This hearing will take place via Zoom. To access Zoom hearing: Meeting ID: 161 0276 1549 Passcode: 829237 Judge: Campo, Hon. Anthony M.
  74. Habeas corpus issued as to Daniel Rosa W101020 at North Central Correctional Center for 01/08/2025 02:00 PM Rule 12 Hearing. This hearing will take place via Zoom. To access Zoom hearing: Meeting ID: 161 0276 1549 Passcode: 829237 Judge: Campo, Hon. Anthony M.
  75. Habeas corpus issued as to Robert Cantell W36380 at North Central Correctional Center for 01/08/2025 02:00 PM Rule 12 Hearing. This hearing will take place via Zoom. To access Zoom hearing: Meeting ID: 161 0276 1549 Passcode: 829237 Judge: Campo, Hon. Anthony M.
  76. Habeas corpus issued as to Amon Garrett W115974 at North Central Correctional Center for 01/08/2025 02:00 PM Rule 12 Hearing. This hearing will take place via Zoom. To access Zoom hearing: Meeting ID: 161 0276 1549 Passcode: 829237 Judge: Campo, Hon. Anthony M.
  77. Habeas corpus issued as to Amon Garrett W115974 at Hampden County House of Correction for 01/08/2025 02:00 PM Rule 12 Hearing. This hearing will take place via Zoom. To access Zoom hearing: Meeting ID: 161 0276 1549 Passcode: 829237 Judge: Campo, Hon. Anthony M.
  78. Event Result:: Rule 12 Hearing scheduled on: 01/08/2025 02:00 PM Has been: Held as Scheduled Hon. Christopher Belezos, Presiding Staff: Timothy C Walsh, Assistant Clerk Magistrate
  79. Habeas corpus issued as to Edward S O'Brien W63353 at North Central Correctional Center for 02/03/2025 02:00 PM Rule 12 Hearing. This hearing will take place via Zoom. To access Zoom hearing: Meeting ID: 161 0276 1549 Passcode: 829237 Judge: Belezos, Hon. Christopher
  80. Habeas corpus issued as to Daniel Rosa W101020 at North Central Correctional Center for 02/03/2025 02:00 PM Rule 12 Hearing. This hearing will take place via Zoom. To access Zoom hearing: Meeting ID: 161 0276 1549 Passcode: 829237 Judge: Belezos, Hon. Christopher
  81. Habeas corpus issued as to Robert Cantell W36380 at North Central Correctional Center for 02/03/2025 02:00 PM Rule 12 Hearing. This hearing will take place via Zoom. To access Zoom hearing: Meeting ID: 161 0276 1549 Passcode: 829237 Judge: Belezos, Hon. Christopher
  82. Plaintiff Edward S O'Brien W63353's Submission of Settlement Proposal
  83. Event Result:: Rule 12 Hearing scheduled on: 02/03/2025 02:00 PM Has been: Held as Scheduled Hon. Christopher Belezos, Presiding Staff: Timothy C Walsh, Assistant Clerk Magistrate

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