Smith, Richard N Vs. Barnstable County Sheriff'S Office

APPEARANCE FILED by Thomas R Donohue, Esq., for Barnstable County Sheriff's Office

Joint Pre-Trial Memorandum filed:

Plaintiff, Defendant Richard N Smith, III, Barnstable County Sheriff's Office's Joint Motion to continue / reschedule an event 08/17/2018 09:00 AM Final Pre-Trial Conference

Endorsement on Motion to continue / reschedule an event (#16.0): ALLOWED Judge: Higginbotham, Christine M

ORDER for Criminal Records for Witness, David L. Thrift from Criminal Offender Record Information Certified copy to JTS on 10/3/16

Defendant(s) Barnstable County Sheriff's Office motion filed to compel records Criminal Records of Plaintiff

Attorney appearance on 8/6/2018. On this date Donna Desimone Buckley, Esq. added for Defendant Barnstable County Sheriff's Office

Endorsement on motion to inspect and copy the following records Criminal Records (#11.0): ALLOWED

Affidavit of compliance with Superior Court Rule 9A Applies To: Murphy, Esq., Matthew J. (Attorney) on behalf of Barnstable County Sheriff's Office (Defendant)

ORDER for Criminal Records for Richard N Smith, III from the Department of Criminal Justice Information Services

Endorsement on Motion to continue / reschedule an event (#23.0): ALLOWED Clerk's office to schedule Trial Assignment conference in March. Judge: Nickerson, Scott W

Defendant Barnstable County Sheriff's Office's Motion in limine to preclude Irrelevant Hearsay statements Allegedly Made by Corrections Officer or Actions Taken by Corrections Officers that are not Attributable to Deputy Peterson

Defendant Barnstable County Sheriff's Office's Motion in limine to preclude Testimony as to Negligent Hiring, Retention, Supervision or Training

Summons, returned SERVED in hand to Matt Murphy, Esq., agent made on 11/13/14 Applies To: Barnstable County Sheriff's Office (Defendant)

COMPLAINT WITH JURY DEMAND

ANSWER to original complaint;received from Defendant Barnstable County Sheriff's Office

Defendant(s) Barnstable County Sheriff's Office motion filed for protective order

Defendant Barnstable County Sheriff's Office's Motion to preclude Plaintiff from Admitting Medical Records and Bills that do not Comply with the Strictures of MGL c.233, s.79G and Massachusetts Guide to Evidence 803(6)(C)(i) and (ii) or in the alternative, Permitting the Defendant to Rebut with Same

Affidavit of compliance with Superior Court Rule 9A Applies To: Murphy, Esq., Matthew J. (Attorney) on behalf of Barnstable County Sheriff's Office (Defendant)

Civil action cover sheet filed.

Defendant Barnstable County Sheriff's Office's Motion in limine to preclude Irrelevant Hearsay Statements by Sheriff's Office Inmates and Employees

APPEARANCE entered On this date Matthew J. Murphy, Esq. added for Defendant Barnstable County Sheriff's Office

Endorsement on Motion for Approval to Utilize the General Grant of Access to CORI (#30.0): ALLOWED

Defendant Barnstable County Sheriff's Office's Motion in limine to preclude Testimony relating to an Alleged Failure to Provide Medical Care

Defendant Barnstable County Sheriff's Office's Motion for voir dire and Proposed Questions to be Read to the Jury

Defendant Barnstable County Sheriff's Office's Motion in limine to Admit Barnstable County Sheriff's Office Business Records through the Keeper of the Records

Stipulation of dismissal with Prejudice, without Costs as to Richard N Smith's original complaint all rights of appeal waived.

List of exhibits filed by defendant

Witness list Applies To: Smith, Richard N (Plaintiff); Barnstable County Sheriff's Office (Defendant)

Defendant Barnstable County Sheriff's Office's Notice of Designation of Imprisoned Witness' Deposition Testimony to be Read at Trial

Defendant(s) Barnstable County Sheriff's Office motion filed for deposition of inmate, John Looney at MCI Norfolk on September 16, 2016

Endorsement on motion for deposition (#7.0): David Thrift. ALLOWED

Defendant Barnstable County Sheriff's Office's Motion for court order to depose witness at NCCI Gardner State Prison

Endorsement on motion for protective order (#6.0): After review ALLOWED

Endorsement on Motion to Permit Plaintiff to Access Witness, David L. Thrift's Criminal Offender Record Information (#9.0): ALLOWED as to convictions only.

Plaintiff Richard N Smith, III's Motion to Permit plaintiff to Access Witness, David L. Thrift's Criminal Offender Record Information

Endorsement on motion for deposition (#8.0): ALLOWED (No opposition) Clerk's Notices mailed on 09/01/2016 to JTS and MJM.

ORDER: After a Trial Assignment Conference, IT IS ORDERED; Jury Trial, October 7, 2019 4-5 days. copy to: LK,EB 3/28/19 Judge: Manning, Robert

Attorney appearance On this date Matthew J Murphy, Esq. dismissed/withdrawn as Attorney for the Commonwealth for Defendant Barnstable County Sheriff's Office

Affidavit of No Opposition

ORDER: After a trial assignment conference, IT IS ORDERED; Jury trial to be held 3/16/20. copy to: PK,LHK 10/15/19.

Proposed special jury questions Applies To: Barnstable County Sheriff's Office (Defendant)

Defendant Barnstable County Sheriff's Office's Motion to Admit Certified Convictions pursuant to the Massachusetts Guide to Evidence Section 609

Affidavit of Erica L. Brody

Defendant Barnstable County Sheriff's Office's Assented to Motion for Approval to Utilize the General Grant of Access to C.O.R.I.

ORDER: Jury Trial Order issued by Perrino, J. sent this date to Paul Kelley, Esq., Donna Desimone Buckley, Esq., Leonard Kesten, Esq., Erica Brody, Esq. Judge: Perrino, Hon. Thomas J Applies To: Kesten, Esq., Leonard Henry (Attorney) on behalf of Barnstable County Sheriff's Office (Defendant); Kelley, Esq., Paul R (Attorney) on behalf of Smith, Richard N (Plaintiff); Buckley, Esq., Donna Desimone (Attorney) on behalf of Barnstable County Sheriff's Office (Defendant); Brody, Esq., Erica (Attorney) on behalf of Barnstable County Sheriff's Office (Defendant)

Endorsement on Motion to continue / reschedule an event (#27.0): Jury Trial, Scheduled for 10/07/2019; ALLOWED Clerk's Office to schedule Trial Assignment Conference in October.

APPEARANCE: Attorney appearance on this date Paul R Kelley, Esq. added as Private Counsel for Plaintiff Richard N Smith

Defendants Barnstable County Sheriff's Office's EMERGENCY Assented to Motion to continue / reschedule an event 10/07/2019 09:00 AM Jury Trial

WITHDRAWAL: On this date James Timothy Sullivan, Esq. withdrawn as Private Counsel for Plaintiff Richard N Smith

Defendants Barnstable County Sheriff's Office's Motion to continue / reschedule an event 02/25/2019 09:00 AM Jury Trial (no opposition)

ORDER: Trial Order issued this day for Jury Trial on 02/25/2019 and sent to JTS and DDB. Judge: Gildea, Hon. Mark

Pre-Trial ORDER: Trial with jury 3 days, scheduled for 2/25/19, Joint Pre-trial memorandum filed p#18. copy to: JS,DB 10/1/18. Judge: Colgan, Scott D