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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-11-16
Status Open
Type Proprietary Information Or Trade Secrets
Docket 107 entries

Parties

Plaintiff Gattineri, Mary
Defendant Williams Sonoma Stores Inc|Lifetime Brands Inc|Musgrove, Teresa|Tuttle (as Amended), Warren

Lawyers

Docket Entries

  1. JUDGMENT/ORDER after Rescript: The original judgment (#39.0) is Affirmed. FINAL JUDGMENT It is hereby Ordered and Adjudged that Defendant Williams-Sonoma Inc's Motion to Dismiss Plaintiff's First Amended Complaint (Docket #19) Defendant Theresa Musgrove's Motion to Dismiss Amended Complaint pursuant to Mass R Civ P 12(b) (6) (Docket #27) and Lifetime Brands Inc's Motion to Dismiss First Amended Complaint (Docket #23) are each ALLOWED. The complaint is Dismissed. Entered on docket pursuant to Mass R Civ P 58(b) and notice sent to parties pursuant to Mass R Civ P 77(d).
  2. Attorney appearance On this date Robert David Cohan, Esq. added for Plaintiff Mary Gattineri
  3. Case assigned to: DCM Track A - Average was added on 11/16/2021
  4. Case transferred from another court. Transferred from Middlesex Superior Court [2181CV01408] accepted into the Suffolk Superior Court Business Litigation Session (See P#15)
  5. Complaint and Jury Demand
  6. Civil action cover sheet filed. Re: Complaint ($700,000,000.00)
  7. Attorney appearance On this date Jason C Kravitz, Esq. added for Defendant Lifetime Brands Inc
  8. Attorney appearance On this date Christopher Queenin, Esq. added for Defendant Lifetime Brands Inc
  9. Attorney appearance On this date Matthew D LaBrie, Esq. added for Defendant Williams-Sonoma Stores Inc
  10. Attorney appearance On this date Sheryl Koval Garko, Esq. added for Defendant Williams-Sonoma Stores Inc
  11. Party(s) file Stipulation and Joint Motion to Extend Time to Answer of Otherwise Respond to Plaintiff's Complaint Applies To: Gattineri, Mary (Plaintiff); Lifetime Brands Inc (Defendant)
  12. Sheryl Koval Garko, Esq.'s Assented to MOTION to admit counsel pro hac vice: Catherine Y Lui for Defendant Williams-Sonoma Stores Inc
  13. Affidavit of Sheryl Koval Gardo in Support of Assented to Motion to Appear Pro Hac Vice re: Catherine Y. Liu
  14. Affidavit of Catherine Y Lui in Support of Assented to Motion to Appear Pro Hac Vice re: Catherine Y. Lui
  15. Service Returned for Defendant Musgrove, Teresa: Service made at last and usual; on 7/28/21
  16. Service Returned for Defendant Lifetime Brands Inc: Service through person in charge / agent; by delivering in hand to Bernardo Montanez, agent at 84 State Street Corporation Service Company on 8/2/21
  17. Service Returned for Defendant Williams-Sonoma Stores Inc: Service through person in charge / agent; by delivering in hand to Bernardo Montanez, agent at 84 State Street Prentice-Hall Corporation Systems Inc on 8/2/21
  18. Defendant Williams-Sonoma Stores Inc's Notice of Superior Court Rule 9E Motion to Dismiss
  19. Endorsement on Stipulation and Joint Motion to Extend Time to Answer or Otherwise Respond to Plaintiff's Complaint (#3.0): ALLOWED Upon review, this motion is ALLOWED. Dated: 9/2/21
  20. Endorsement on Motion to appear pro hac vice (#4.0): ALLOWED Upon review, this motion is Allowed. Dated: 9/2/21
  21. Attorney appearance On this date Catherine Y Lui added for Defendant Williams-Sonoma Stores Inc
  22. Defendant Lifetime Brands Inc's Assented to Motion to Transfer to Business Litigation Session
  23. Affidavit of Christopher E. Queenin of Compliance with Superior Court Rule 9A and of No Opposition to Assented-to Motion of Lifetime Brands Inc to Transfer to business Litigation Session
  24. Defendant Teresa Musgrove's Assented to Motion to Transfer to Business Litigation Session
  25. Attorney appearance On this date David J Officer, Esq. added for Defendant Teresa Musgrove
  26. Defendant's Notice of intent to file motion Motion to Dismiss Applies To: Musgrove, Teresa (Defendant)
  27. Defendant's Notice of intent to file motion Motion to Dismiss Applies To: Lifetime Brands Inc (Defendant)
  28. Endorsement on Motion to Transfer to Business Litigation Session (#10.0): ALLOWED Upon review, this motion is Allowed. Subject to the discretion of the BLS Justice. Dated: 9/29/21 Applies To: Musgrove, Teresa (Defendant)
  29. Docket Note: Copy of Docket Sheet and Endorsement of Allowance of Motion to Transfer to BLS sent to RAJ BLS Session Suffolk Superior Court
  30. Defendant Williams-Sonoma Stores Inc's Submission of Document Title List
  31. Defendant Williams-Sonoma Stores Inc's Submission of Rule 9A Notice of Filing and Certificate of Service
  32. Defendant Williams-Sonoma Stores Inc's Motion to dismiss Plaintiff's Complaint (w/opposition)
  33. Williams-Sonoma Stores Inc's Memorandum of Law in Support of its Motion to Dismiss (Corrected Memorandum)
  34. Opposition to Defendant William-Sonoma Stores Inc.'s Mass. R. Civ. P. 12(B)(6) Motion to Dismiss (P#13) filed by Mary Gattineri
  35. Williams-Sonoma Stores Inc's Reply Memorandum of Law in Support of its Motion to Dismiss
  36. Certificate of Compliance Superior Court Rule 9C Applies To: Garko, Esq., Sheryl Koval (Attorney) on behalf of Williams-Sonoma Stores Inc (Defendant)
  37. Request for hearing filed Applies To: Williams-Sonoma Stores Inc (Defendant)
  38. Defendant Lifetime Brands Inc's Motion to dismiss Plaintiff's Complaint (w/opposition)
  39. Lifetime Brands Inc's Memorandum of Law in Support of Motion to Dismiss
  40. Opposition to Defendant Lifetime Brands, Inc.'s Mass. R. Civ. P. 12(B)(6) Motion to Dismiss (P#14) filed by Mary Gattineri
  41. Defendant Lifetime Brands Inc's Reply in Further Support of Motion to Dismiss
  42. Defendant Lifetime Brands Inc's Notice of Filing of Superior Court Rule 9A Package
  43. General correspondence regarding NOTICE OF ACCEPTANCE INTO BUSINESS LITIGATION SESSION "BLS1" The court (Frison, J.) has previously allowed a Motion to Transfer this case to the Business Litigation Session in Suffolk County. After review of that Motion and the relevant pleadings, this case has been accepted into the Suffolk Business Litigation Session and will be assigned to BLS1. As soon as the original papers are received from the Clerk's Office in the county that is transferring the case, this case will be given a new Suffolk County docket number. The parties will be notified accordingly. Dated: Oct. 21, 2021 (See P#15 for complete notice)
  44. General correspondence regarding Copy of docket entries received from Middlesex Superior Court
  45. Civil action cover sheet mailed re: Transfer
  46. Amended: first amended complaint filed by Mary Gattineri
  47. Defendant Williams-Sonoma Stores Inc's Notice of filing motion to dismiss amended complaint
  48. Defendant Lifetime Brands Inc's Notice of filing motion to dismiss amended complaint
  49. Defendant Teresa Musgrove's Notice of Motion to Dismiss
  50. Defendant Williams-Sonoma Stores Inc's Motion to dismiss plaintiff's first amended complaint
  51. Williams-Sonoma Stores Inc's Memorandum in support of it's motion to dismiss plaintiff's first amended complaint
  52. Opposition to defendant William-Sanoma's motion to dismiss filed by Mary Gattineri
  53. Reply/Sur-reply memorandum of law in support of it's motion to dismiss plaintiff's first amended complaint Applies To: Williams-Sonoma Stores Inc (Defendant)
  54. Defendant Williams-Sonoma Stores Inc's Certificate of Rule 9C
  55. Defendant Williams-Sonoma Stores Inc's Request for hearing
  56. Defendant Williams-Sonoma Stores Inc's Notice of Rule 9A filing
  57. Defendant Williams-Sonoma Stores Inc's Submission of document title list
  58. Defendant Williams-Sonoma Stores Inc's Certificate of service
  59. Defendant Lifetime Brands Inc's Motion to dismiss first amended complaint (w/opposition).
  60. Lifetime Brands Inc's Memorandum in support of motion to dismiss first amended complaint
  61. Affidavit in support of motion to dismiss first amended complaint Applies To: Queenin, Esq., Christopher (Attorney) on behalf of Lifetime Brands Inc (Defendant)
  62. Opposition to Lifetime Brands motion to dismiss filed by Mary Gattineri
  63. Reply/Sur-reply in further support of motion to dismiss first amended complaint
  64. Defendant Lifetime Brands Inc's Certificate of Rule 9C
  65. Defendant Lifetime Brands Inc's Notice of filing of Superior Court Rule 9A package
  66. Defendant Teresa Musgrove's Motion to dismiss amended complaint (w/opp. and reply).
  67. Teresa Musgrove's Memorandum in support of motion to dismiss amended complaint
  68. Opposition to defendant Teresa Musgrove's motion to dismiss filed by Mary Gattineri
  69. Teresa Musgrove's Reply Memorandum to plaintiff's opposition to her motion to dismiss
  70. Defendant Teresa Musgrove's Submission of list of documents filed pursuant to Rule 9A
  71. Defendant Teresa Musgrove's Request for hearing
  72. The following form was generated: Notice to Appear Sent On: 03/18/2022 10:43:52
  73. Event Result:: Rule 12 Hearing scheduled on: 03/31/2022 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  74. The following form was generated: Notice to Appear Sent On: 03/23/2022 12:51:11
  75. Defendants, Plaintiff Williams-Sonoma Stores Inc, Lifetime Brands Inc, Teresa Musgrove, Mary Gattineri's Joint Motion to continue / reschedule an event
  76. Service Returned for Defendant Tuttle (as amended), Warren: Service made at last and usual; (Filed 03/28/2022)
  77. Attorney appearance electronically filed.
  78. Attorney appearance On this date Kenneth M Wright, Esq. added for Defendant Warren Tuttle (as amended)
  79. Defendant Warren Tuttle (as amended)'s Assented to Motion to admit attorney mark R. Carta pro Hac Vice to Appear on behalf of the Defendant Warren Tuttle
  80. Endorsement on Motion for Continuance (#31.0): ALLOWED (dated 3/28/22) notice sent 4/4/22
  81. Endorsement on Motion in limine to admit attorney mark R. Carta pro Hac Vice to Appear on behalf of the Defendant Warren Tuttle (#33.0): ALLOWED (date 4/6/22) Notice 4/12/22
  82. Event Result:: Rule 12 Hearing scheduled on: 05/11/2022 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  83. Event Result:: Rule 12 Hearing scheduled on: 05/20/2022 02:00 PM Has been: Canceled For the following reason: By Court prior to date Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  84. Matter taken under advisement: Rule 12 Hearing scheduled on: 05/11/2022 02:00 PM Has been: Held - Under advisement Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  85. Endorsement on Motion to dismiss Plaintiff's First Amended Complaint (#19.0): ALLOWED After hearing, Allowed. See Memorandum and Order of same date. Dated: 6/29/22 Notice sent 7/6/22 Applies To: Williams-Sonoma Stores Inc (Defendant)
  86. Endorsement on Motion to dismiss First Amended Complaint (#23.0): ALLOWED After hearing, Allowed. See Memorandum and Order of same date. Dated: 6/27/22 Notice sent 7/6/22 Applies To: Lifetime Brands Inc (Defendant)
  87. Endorsement on Motion to dismiss Amended Complaint Pursuant to M.R.Civ.P. 12(b)(6) (#27.0): ALLOWED After hearing, Allowed. See Memorandum and Order of same date. Dated: 6/29/22 Notice sent 7/6/22 Applies To: Musgrove, Teresa (Defendant)
  88. MEMORANDUM & ORDER: ON MOTIONS TO DISMISS: ORDER - Defendant Williams-Sonoma Stores, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint (Docket #19), Defendant Teresa Musgrove's Motion to Dsmiss Amended Complaint Pursuant to M.R.Civ.P. 12(b)(6) (Docket #27), and Lifetime Brands, Inc.'s Motion to Dismiss First Amended Complaint (Docket #23) are each ALLOWED. Dated: June 29, 2022 Notice sent 7/6/22 (See P#34 for Complete Memorandum) Judge: Krupp, Hon. Peter B
  89. Plaintiff Mary Gattineri's Submission of Superior court rule 9D Notice of motion by Mary Gattineri
  90. Exhibits/Appendix Plaintiff's Submission of List of Documents
  91. Plaintiff Mary Gattineri's Motion for Reconsideration of the Court's Memorandum and Order on Motions to Dismiss (Krupp, J) entered on June 19, 2022
  92. Opposition to to Motion for Reconsideration of the Court's Memorandum and Order on Motions to Dismiss (Krupp, J) entered on June 19, 2022 filed by Williams-Sonoma Stores Inc, Lifetime Brands Inc, Teresa Musgrove
  93. Reply/Sur-reply Plaintiff's Reply to Opposition to Motion for Reconsideration of the Court's Memorandum and Order on Motions to Dismiss (Krupp, J) entered on June 19, 2022
  94. Plaintiff Mary Gattineri's Submission of Rule 9C Certification
  95. Endorsement on Motion for Reconsideration of the Court's Memorandum and Order on Motions to Dismiss (Kupp, J.,) entered on June 19, 2022 (#35.0): DENIED after review DENIED , for failure to comply with Superior court Rule 9C and on the merits (Kupp, J.,) 12/19/2022 notice sent 12/28/2022
  96. Endorsement on Motion for Award for Attorneys' fees and costs (#36.0): DENIED After review, defendants' Cross-motion for Attorneys' fees and costs is DENIED (Kupp, J.,) 12/19/2022 notice sent 12/28/2022 Judge: Krupp, Hon. Peter B
  97. Plaintiff Mary Gattineri's Notice of Appeal
  98. FINAL JUDGMENT It is hereby Ordered and Adjudged that Deft Williams-Sonoma Inc's motion to Dismiss plff's First Amended Complaint (docker #19) Deft Theresa Musgrove's motion to Dismiss Amended Complaint pursuant to Mass R Civ P 12(b) (6) Docket #27) and Lifetime Brands Inc's motion to Dismiss First Amended Complaint (docket #23) are each ALLOWED The complaint is Dismissed entered on docket pursuant to Mass R Civ P 58(a) and notice sent to parties pursuant to Mass R Civ P 77(d)
  99. Notice of appeal filed. Notice sent 2/21/23 Applies To: Gattineri, Mary (Plaintiff)
  100. Plaintiff Mary Gattineri's Certificate of Transcript Order
  101. Transcript of 5/11/22 received from Transcriber Donna Holmes Dominguez (via email)
  102. Notice of assembly of record sent to Counsel
  103. Notice to Clerk of the Appeals Court of Assembly of Record
  104. Attorney appearance On this date Matthew W Costello, Esq. added for Defendant Lifetime Brands Inc
  105. Attorney appearance electronically filed.
  106. Notice of Entry of appeal received from the Appeals Court In accordance with Massachusetts Rule of Appellate Procedure 10(a)(3), please note that the above-referenced case (2023-P-0392) was entered in this Court on April 5, 2023.
  107. Rescript received from Appeals Court; judgment AFFIRMED Judgment Affirmed.

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