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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-12-02
Status Open
Type Enforcement Of Restrictive Covenant
Docket 100 entries

Parties

Plaintiff Usi Insurance Services Llc
Defendant Mahoney, James J.|Marsh Usa Inc.|Mazzuca, Michael|Mahoney, John M.

Lawyers

Docket Entries

  1. Attorney appearance electronically filed.
  2. Civil action cover sheet filed.
  3. Case assigned to: DCM Track F - Fast Track was added on 12/05/2022
  4. Plaintiff Usi Insurance Services Llc's Motion for Approval of Special Process Server
  5. Endorsement on Motion for Approval of Special Process Server (#3.0): ALLOWED Allowed. (12/6/22) (Notice sent 12/8/22)
  6. Service Returned for Defendants Mahoney, James J. and Marsh USA Inc : Service accepted by counsel
  7. Attorney appearance On this date Erik J Winton, Esq. added for Defendant James J. Mahoney
  8. Attorney appearance On this date Erik J Winton, Esq. added for Defendant Marsh USA Inc.
  9. Attorney appearance electronically filed. On this date Benjamin R Davis, Esq. added for Defendant James J. Mahoney
  10. Attorney appearance electronically filed. On this date Austin D Jones, Esq. added for Defendant James J. Mahoney
  11. Attorney appearance electronically filed. On this date Benjamin R Davis, Esq. added for Defendant Marsh USA Inc.
  12. Attorney appearance electronically filed. On this date Austin D Jones, Esq. added for Defendant Marsh USA Inc.
  13. Defendant James J. Mahoney, Marsh USA Inc.'s Notice of Motion to Dismiss
  14. Defendant James J. Mahoney, Marsh USA Inc.'s Motion to Dismiss Plaintiff's Complaint
  15. James J. Mahoney, Marsh USA Inc.'s Memorandum in support of Motion to Dismiss Plaintiff's Complaint
  16. Opposition to Defendants' Motion to Dismiss the Complaint filed by Usi Insurance Services Llc
  17. Reply/Sur-reply Defendants' Reply in Further Support of Their Motion to Dismiss Plaintiff's Complaint
  18. Defendant James J. Mahoney, Marsh USA Inc.'s Assented to Motion for Leave to Exceed Reply Page Limit
  19. List of Documents Filed Pursuant to Superior Court Rule 9A
  20. Defendant James J. Mahoney, Marsh USA Inc.'s Request for Hearing
  21. Notice of Filing Superior Court rule 9A Package Regarding Defendants' Motion to Dismiss
  22. Opposition to Defendants' Motion to Dismiss the Complaint filed by Usi Insurance Services Llc
  23. List of Documents Filed Pursuant to Superior Court Rule 9A
  24. Defendant James J. Mahoney, Marsh USA Inc.'s Motion for Protective Order Staying Discovery
  25. James J. Mahoney, Marsh USA Inc.'s Memorandum in support of Defendants' Motion for Protective Order Staying Discovery
  26. Opposition to Defendants' Motion for Protective Order Staying Discovery filed by Usi Insurance Services Llc
  27. Reply/Sur-reply Defendants' Reply in Further Support of Motion for Protective Order Staying Discovery
  28. List of Documents Filed Pursuant to Superior Court Rule 9A
  29. Defendant James J. Mahoney, Marsh USA Inc.'s Request for Hearing
  30. Notice of Filing Superior Court Rule 9A Package Regarding Defendants' Motion for Protective Order Staying Discovery
  31. Endorsement on Motion for Leave to Exceed Reply Page Limit (#9.0): ALLOWED (dated 2/7/23) notice sent 2/9/23
  32. Endorsement on Motion to Dismiss Plaintiff's Complaint (#5.0): DENIED without prejudice to re-filing with a demonstrated compliance with Superior Court Rule 9c (dated 2/7/23) notice sent 2/9/23
  33. Endorsement on Motion for Protective Order Staying Discovery (#11.0): DENIED Upon review, the defendants' motion for a protective order is DENIED. Given the unusual posture of this restrictive covenant cast-- with no preliminary equitable relief sought, and a Rule 12 motion filed months into the litigation after both sides have pursued substantive amounts of written discovery-- the court sees neither demonstrated cause nor much to recommend a stay (dated 2/14/23) notice sent 2/14/23
  34. Defendants James J. Mahoney, Marsh USA Inc.'s Motion to Dismiss Plaintiff's Complaint
  35. James J. Mahoney, Marsh USA Inc.'s Memorandum in support of Their Motion To Dismiss Plaintiff's Complaint
  36. Opposition to To Defendants' Motion To Dismiss The Complaint filed by Usi Insurance Services Llc
  37. Reply/Sur-reply In Further Support Of Their Motion To Dismiss Plaintiff's Complaint
  38. Defendants James J. Mahoney, Marsh USA Inc.'s Assented to Motion for Leave To Exceed Reply Page Limit
  39. Certificate Of Compliance With Super. Ct. R. 9C
  40. List Of Documents Filed Pursuant To Superior Court Rule 9A
  41. Defendants James J. Mahoney, Marsh USA Inc.'s Request for A Hearing
  42. The following form was generated: Notice to Appear Sent On: 02/28/2023 10:50:35
  43. The following form was generated: Notice to Appear Sent On: 02/28/2023 10:54:10
  44. The following form was generated: Notice to Appear Sent On: 03/02/2023 09:28:37
  45. Plaintiff, Plaintiff-Intervenor Usi Insurance Services Llc, James J. Mahoney, Marsh USA Inc.'s Joint Motion for Entry of Stipulated Protective Order
  46. Exhibits/Appendix
  47. Endorsement on Motion for entry of stipulated protective order (#21.0): ALLOWED ALLOWED per order. (Dated 4/12/2023) Notice sent 4/13/2023
  48. ORDER: Stipulated Protective Order See page #22 (Dated 4/12/2023) Notice sent 4/13/2023
  49. Plaintiff(s) Usi Insurance Services Llc motion filed for Letters Rogatory and Commission
  50. Exhibits/Appendix Exhibits to USI's Unopposed Mot. for Letter Rogatory and Commission
  51. Endorsement on Motion for Letter Rogatory and Commission (#23.0): ALLOWED without opposition per order (dated 4/20/23)
  52. ORDER: Order for Letter Rogatory and Commission (see P#24) (dated 4/20/23) notice sent 4/25823
  53. Letters Rogatory re: American International Medical Group Inc (dated 4/20/23) notice sent 4/25/23 Judge: Gordon, Hon. Robert B
  54. Commission to take Out of State Deposition: Judge: Gordon, Hon. Robert B (dated 4/24/23) notice sent 4/25/23
  55. Event Result:: Rule 12 Hearing scheduled on: 05/04/2023 02:00 PM Has been: Held as Scheduled Hon. Robert B Gordon, Presiding Staff: Michael O'Loughlin, Assistant Clerk Magistrate
  56. MEMORANDUM & ORDER: on defendants' motion to dismiss complaint. ALLOWED as to Counts II, V, VI, and VII of the complaint, and DENIED as to Counts I, III, and IV of the complaint. (dated 5/08/23) notice sent 5/09/23 Judge: Gordon, Hon. Robert B
  57. Received from Defendant Mahoney, James J.: Answer to original complaint; Applies To: Marsh USA Inc. (Defendant)
  58. Plaintiff, Defendant Usi Insurance Services Llc, James J. Mahoney, Marsh USA Inc.'s Joint Motion to Modify Scheduling Order
  59. Endorsement on Motion to Modify Scheduling Order (#29.0): ALLOWED Tracking Order extended as follows: Discovery Complete by Feb 29, 2024. Rule 56 Motions served by April 12, 2024 and filed by May 17, 2024. (Dated 9/12/2023) Notice sent 9/19/23
  60. Plaintiff Usi Insurance Services Llc's Motion for leave to Amend Complaint
  61. Usi Insurance Services Llc's Memorandum in support of Plaintiff USI Insurance Services LLC'S Motion for leave to Amend Complaint
  62. Opposition to Plaintiff's Motion for leave to Amend the Complaint filed by James J. Mahoney, Marsh USA Inc.
  63. Reply/Sur-reply Reply in support of its Motion for leave to Amend Complaint Applies To: Usi Insurance Services Llc (Plaintiff)
  64. Plaintiff Usi Insurance Services Llc's Notice of Filing for its Motion for leave to Amend Complaint
  65. Endorsement on Motion for Leave to Amend Complaint (#30.0): ALLOWED Motion is ALLOWED. Although there has been delay it has not been undue. Defendant are not prejudiced. Amended complaint conforms with Court order dismissing three counts and discovery is not yet closed. First Amended Complaint, Ex. A hereto, shall be docketed. It shall be deemed filed as of today's date. (Dated 12/21/23) Notice sent 12/27/23
  66. Amended: First amended complaint filed by Usi Insurance Services Llc
  67. Plaintiff, Defendants Usi Insurance Services Llc, James J. Mahoney, Marsh USA Inc.'s Joint Motion to Modify Scheduling Order
  68. Endorsement on Motion to Modify Scheduling Order (#35.0): ALLOWED The Clerk shall issue an Amended Tracking Order, enlarging the deadline to complete discovery to July 5, 2024, and enlarging the deadline to serve Rule 56 Motion to September 6, 2024. Notice sent 3/5/24
  69. Answer with a counterclaim Applies To: Mahoney, James J. (Defendant); Marsh USA Inc. (Defendant)
  70. Counterclaim filed.
  71. Answer to the counterclaim Applies To: Usi Insurance Services Llc (Plaintiff)
  72. Acknowledgement and Acceptance of Service Applies To: Usi Insurance Services Llc (Plaintiff)
  73. Attorney appearance On this date David John Santeusanio, Esq. and Douglas R Sweeney, Esq.added for Defendant John M. Mahoney.
  74. Received from Defendant Mazzuca, Michael: Answer to the Counterclaim
  75. Received from Defendant Mahoney, John M.: Answer to the Counterclaim
  76. Attorney appearance On this date Douglas R Sweeney, Esq. and David John Santeusanio, Esq added for Defendant Michael Mazzuca
  77. Event Result:: Conference to Review Status scheduled on: 07/22/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Robert B Gordon, Presiding Staff: Michael O'Loughlin, Assistant Clerk Magistrate
  78. Plaintiff, Defendant Marsh USA Inc., James J. Mahoney, Usi Insurance Services Llc, Michael Mazzuca, John M. Mahoney's Joint Motion to Modify Scheduling Order (Third motion)
  79. Event Result:: Conference to Review Status scheduled on: 08/29/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Robert B Gordon, Presiding Staff: Michael O'Loughlin, Assistant Clerk Magistrate
  80. Endorsement on Motion to modify scheduling order (#41.0): ALLOWED Allowed. The clerk shall issue an Amended Tracking Order, enlarging the deadline to complete discovery to October 11, 2024, and enlarging the deadline to serve Rule 56 motions to November 15, 2024. (Dated 6/20/24) Notice sent 6/21/24
  81. Defendant Marsh USA Inc., James J. Mahoney's Motion for Preliminary Injunction
  82. James J. Mahoney, Marsh USA Inc.'s Memorandum in support of Motion for Preliminary Injunction
  83. Affidavit of Erik J. Winton in Support of Motion for Summary Judgment
  84. Opposition to Motion for Preliminary Injunction filed by Usi Insurance Services Llc
  85. Affidavit of Douglas R. Sweeney in Support of Plaintiff's Opposition to Motion for Preliminary Injunction
  86. Exhibits/Appendix
  87. James J. Mahoney, Marsh USA Inc.'s Reply Memorandum in support of Motion for Preliminary Injunction
  88. Plaintiff, Defendant Usi Insurance Services Llc, James J. Mahoney, Marsh USA Inc.'s Joint Motion to Impound and Seal Portions of Documents Filed by Plaintiff in Opposition to Defendant's Motion for Preliminary Injunction
  89. Affidavit of Attorney Erik J. Winton in Support of Motion to Impound and Seal Portions of Documents Filed by Plaintiff in Opposition to Defendants' Motion for Preliminary Injunction
  90. Rule 9A Affidavit of Compliance
  91. List of Documents Filed Pursuant to Superior Court rule 9A and Certificate of Notice of Filing Superior Court Rule 9A Package
  92. Plaintiff, Defendants Usi Insurance Services Llc, James J. Mahoney, Marsh USA Inc.'s Joint Motion to Modify Scheduling Order
  93. Endorsement on Motion to Modify Scheduling Order (#49.0): Other action taken The Court will address the scope and timing of any remaining discovery to be taken, the deadlines for Rule 56 motions, and the scheduling of a trial date (along with pretrial conferences) at the October 17, 2024 hearing on Defendants' preliminary injunction motion. (dated 10/10/2024) Notice Sent 10/15/24
  94. Event Result:: Hearing on Preliminary Injunction scheduled on: 10/17/2024 09:30 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. John P Pappas, Presiding Staff: Michael O'Loughlin, Assistant Clerk Magistrate
  95. Defendants Marsh USA Inc., John M. Mahoney's Motion to Continue Preliminary Injunction Hearing (Unopposed)
  96. Endorsement on Motion to Continue Preliminary Injunction Hearing (Unopposed) (#50.0): ALLOWED Allowed after review and without opposition. (Dated: 10/16/24) Notice sent 10/18/24
  97. Defendants Marsh USA Inc., James J. Mahoney's Motion to Withdraw Motion for Preliminary Injunction
  98. Event Result:: Conference to Review Status scheduled on: 11/06/2024 02:00 PM Has been: Canceled For the following reason: By Court prior to date Hon. John P Pappas, Presiding Staff: Michael O'Loughlin, Assistant Clerk Magistrate
  99. Endorsement on Motion to Modify Scheduling Order (#49.0): ALLOWED Allowed- As this is the forth request for an extension, the Court will not entertain a fifth absent extreme good cause. (Dated: 11/7/24) Notice sent 11/12/24
  100. Party(s) file Stipulation of Dismissal (filed 1/27/25) as to plff vs defts and counterclaims with prejudice with each party to bear its own costs and attys fees and with all rights of appeal waived JUDGMENT Entered on docket pursuant to Mass R Civ P 58(a) as amended and notice sent to parties pursuant to Mass R Civ P 77(d) Applies To: Usi Insurance Services Llc (Plaintiff); Mahoney, James J. (Defendant); Marsh USA Inc. (Defendant); Mazzuca, Michael (Defendant); Mahoney, John M. (Defendant)

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