Fuller, John Et Al Vs. R.J. Reynolds Tobacco Company Et Al

Brief filed: Reply to P#68, plaintiffs' opposition to P#50 Applies To: Gradel, Esq., Laura D (Attorney) on behalf of Cumberland Farms, Inc., Garber Bros., Inc., R.J. Reynolds Tobacco Company (Defendant)

Rule 9A list of documents filed.

Plaintiff Mary Fuller Personal Representative for the Estate of John Fuller's Motion for Clarification of Order Compelling completion of Deposition of Kara Calderon

Plaintiff Mary Fuller Personal Representative for the Estate of John Fuller's Reply to P #79.3

Certificate of Compliance Superior Court Rule 9C

Defendant R.J. Reynolds Tobacco Company's Request for leave to file a sur-reply in opposition to P#79.1, Plaintiff's motion for clarification of order compelling completion of deposition of Kara Calderon

R.J. Reynolds Tobacco Company's Memorandum in opposition to P #79.1 and REQUEST for a Video Conference Deposition in response to the Covid-19 Global Pandemic

Affidavit of compliance with Superior Court Rule 9A Applies To: Gradel, Esq., Laura D (Attorney) on behalf of Cumberland Farms, Inc., Garber Bros., Inc., R.J. Reynolds Tobacco Company (Defendant)

ORDER: TRIAL ORDER JURY to appear for trial on June 1, 2021, at 9:00am. (mailed to MKL, AR, PJB, KPR, LMJ, CMM, KMG, FTB, MRS, MTDG) Judge: Perrino, Hon. Thomas J

Plaintiffs, Defendants Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller, R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Joint Motion to Continue Trial and Create Additional Deadlines

Endorsement on Motion to extend time for trial (#81.0): ALLOWED in part. Clerk's Office will assign a Trial Assignment Conference teleconference date. New trial date will be agreed upon at that time. Clerk's Notice mailed on 04/02/2020 to MKL, MTDG, MRS, FTB, DBA, KPR, CJM, KMG and PJB.

Endorsement on Motion for Clarification (#79.1): Other action taken Under the current circumstances, and in the of justice and fairness to the parties, witnesses, potential jurors, involved counsel, and Court personnel, the jury trial currently scheduled for Monday May 4, 2020 is to be rescheduled, as soon a practicable and at that Conference, a firm date for jury trial is to be set, as well as a date for a Final Trial Conference. At the Final Trial Conference all outstanding motions in limine are to be heard and other trial matters are to be addressed and resolved to the extent possible. With respect to the underlying motion for clarification, the preference is for an in person deposition to be conducted as previously ordered as soon as practicable after existing restrictions currently prohibiting travel and an in person deposition are lifted. Unresolved disputes arising during the deposition are to be preserved on the record and addressed on proper motion. The Deposition is to be suspended pending court resolution on any such disputes raised by any such motion. So Ordered, Thomas J. Perrino, Justice of the Superior Court

WITHDRAWAL of Appearance of Christopher Jesse Markham, Esq. withdrawn as Counsel for Defendants

ORDER: TRIAL ORDER JURY sent to appear for trial on September 13, 2021, at 9:00am, to AR, MKL, CMM, DBA Judge: Pasquale, Hon. Gregg J

WITHDRAWAL: On this date Peter J Biersteker, Esq. withdrawn as Pro Hac Vice (SJC 3:15) for Defendant R.J. Reynolds Tobacco Company

ANSWER: Defendant Cumberland Farms, Inc. with claim for trial by jury Johanna L. Matloff

COMPLAINT WITH JURY DEMAND

ANSWER: Defendant R.J. Reynolds Tobacco Company: Answer to original complaint with jury demand

Summons Returned for R.J. Reynolds Tobacco Company: Service through person in charge / agent, Bernardo Montanez made on 4/6/2016

ANSWER TO AMENDED COMPLAINT WITH JURY DEMAND filed by Johanna L. Matloff, Esq. for R.J. Reynolds Tobacco Company

Plaintiff Mary Fuller Personal Representative for the Estate of John Fuller's Motion for Case Specific Scheduling Order

Endorsement on Motion of Defendant, R.J. Reynolds Tobacco Company, for Admission of Kenneth M. Grose, Pro Hac Vice, Assented to (#21.0): ALLOWED Judge: Rufo, Hon. Robert C

Endorsement on Motion for Case Specific Scheduling Order (#22.0): Other action taken After hearing, discovery deadline extended to 10/31/2018; further hearing for status on motion for case specific scheduling order on 01/08/2019, at 2:00 PM; Rule 56 motions to be filed by 06/14/2019. (See image for endorsement). Clerk's Notices mailed, with Amended Tracking Order on 03/07/2018 to AR, MKL, KMG, TEP, PJB and JLM. Judge: Rufo, Hon. Robert C

AMENDED COMPLAINT

Endorsement on motion for (#25.0): order releasing pathology records Other action taken Upon review and consideration the motion is ALLOWED and the joint Protocol is approved. See Order Judge: Fishman, Hon. Kenneth J

Service Returned for both Defendants, Garber Bros., Inc. and Cumberland Farms, Inc. : Service accepted by counsel, Johanna Matloff on 4/5/16

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to limit the expert testimony of Dr. K. Michael Cummings

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to preclude expert testimony regarding the meaning or intent of company documents

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to exclude the testimony of Dr. Meghan Moran

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to exclude a 1980 Tobacco Institute document about defense of lawsuits

ANSWER: Defendant Garber Bros., Inc. with claim for trial by jury by Johanna L. Matloff

Endorsement on Motion to Lift the Stay of Proceedings as to Defendants, R.J. Reynolds Tobacco Company and Cumberland Farms, Inc. (#18.0): ALLOWED Notice to MKL, JLM on 11/7/17 Judge: Rufo, Hon. Robert C

Endorsement on Motion to (#23.0): Admit Lindsey M. Jump, Esq., Pro Hac Vice ALLOWED (See image for endorsement). Clerk's Notices mailed on 05/15/2018 to AR, MKL, LMJ, KNG, TEP, PJB and JLM. Judge: Rufo, Hon. Robert C

ANSWER TO AMENDED COMPLAINT WITH JURY DEMAND, filed by Johanna L. Matloff, Esq., for Cumberland Farms, Inc.

Endorsement on Motion to (#27.0): admit Kevin P. Riddles, Esq., Pro Hac Vice ALLOWED (See image for endorsement). Clerk's Notice mailed on 09/172018 to AR, CJM, KMG, TEP, PJB and KPR. Judge: Fishman, Hon. Kenneth J

Endorsement on Motion to (#32.0): Admit David B. Alden, Esq., Pro Hac Vice ALLOWED (See image for endorsement). Clerk's Notice mailed on 01/09/2019 to AR, MG, KPR, DBA, CJM, KMG and PJB. Judge: Sullivan, Hon. Susan E

Endorsement on Motion to extend time for discovery to 12/21/2018 (#29.0): ALLOWED (See image for endorsement). Clerk's Notice mailed, with Amended Tracking Order, on 10/09/2018 to AR, MG, KPR, CJM, KMG, TEP and PJB. Judge: Colgan, Scott D

ORDER: TRIAL ORDER issued by Sullivan, J. sent this date to AR, PJB, KMG, CJM ,KPR Parties are to comply with Judge Sullivan's order issued 1/8/19 regarding motions in limine

Endorsement on Motion for Case Specific Management Conference under Superior Court Rule 20 (#22.0): Other action taken After hearing, and by agreement, pre-trial conference scheduled for 04/03/2020 at 2:00 PM; Jury Trial 05/04/2020 at 9:00 AM; Motions in Limine to be served by 02/07/2020 and filed by 03/12/2020. Motions in Limine tentatively scheduled for 04/10/2020 at 10:00 AM. Counsel to submit scheduling order forthwith. (See image for endorsement). Clerk's Notices, with Amended Tracking Order, mailed on 01/09/2019 to AR, MG, KPR, DBA, CJM, KMG and PJB.

Endorsement on motion to quash Deposition (#31.0): of Dr. James Figler Other action taken By agreement of the parties, Defendant R.J. Reynolds will provide a 30(b)(6) deponent to cover proposed topics, so deposition notice of Dr. Figler is withdrawn. (See image for endorsement). Clerk's Notice mailed on 01/09/2019 to AR, MG, KPR, DBA, CJM, KMG and PJB. Judge: Sullivan, Hon. Susan E

Opposition to P#56, defendants' motion in limine to preclude evidence concerning strictly internal conduct of any alleged co-conspirators filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Opposition to P#57, defendants' motion in limine to exclude a 1980 Tobacco Institute document about defense of lawsuits filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Endorsement on Motion for Admission of Franl T. Bayuk, Pro Hac Vice (#38.0): ALLOWED Copy mailed to AR, FTB, CMM

Endorsement on Motion for summary judgment, MRCP 56 (#39.1): Other action taken After review and consideration of the written materials and after hearing arguments on the motion for partial summary judgment filed on behalf of the defendants, the court rules as follows. In her written opposition, the plaintiff conceded that she does not have and is not asserting a claim for failure to warn. Additionally, at the hearing, counsel asserted that the plaintiff is not pursuing claims for wrongful death based on paragraph 40(e) of her Amended Complaint, which asserts that prior to 1969, R.J. Reynolds failed to disclose the health dangers associated with cigarette smoking. The plaintiff¿s argument that particular evidence remains admissible is not the subject of this motion. However, as to pre-1969 failure to warn claims, the motion is allowed. As to the remaining arguments raised in the motion, there exist material issues of fact that preclude entry of summary judgment. Even though G.L. c. 93A did not allow for a private cause of action until 1979, by which time Mr. Fuller was ¿unable to stop smoking,¿ material issues of fact exist, including, and not limited to, whether and to what extent, if any, post 1979 conduct attributable to the defendants affected or influenced Mr. Fuller with regard to his smoking and any harm caused. Additionally, as to her civil conspiracy based claims, the plaintiff has established the existence of material issues of fact at least as to whether and to what extent R.J. Reynolds provided assistance to the asserted conspiracy and whether Mr. Fuller was influenced and/or harmed thereby. For the reasons set forth above, the motion for partial summary judgment is ALLOWED in part, and in all other respects is DENIED. (copy mailed to AR, MKL, CMM, CJM,PJB, KMG, , KPR, LMJ, DBA, FTB 10/31/19)

ORDER sent for Status Review on Bankruptcy of Defendant, if notice is not received by 12/09/2019 the complaint will be dismissed. Copies mailed on 11/07/2019 to MKL, FTB, DBA, KPR, CJM, KMG and PJB. Applies To: Garber Bros., Inc. (Defendant)

Endorsement on motion to compel (#40.0): testimony ALLOWED The plaintiff is entitled to fully explore the topics listed in the Rule 30(b)(6) deposition notice. The identified topics are not limited to adult marketing campaigns and encompass all aspects of the marketing campaigns identified. As the defendant designated Ms. Calderon as the person with the most knowledge, then plaintiff is entitled to further examine Ms. Calderon. If she is not the person with the most knowledge, the defendant is to designate another person to testify on its behalf. Any further deposition is to take place at the office of the plaintiff's counsel. Clerk's Notice mailed on 01/28/2020 to MKL, PJB, KMG, LMJ, CMM, FTB and MRS.

Rule 9A notice of filing [NO CERTIFICATE OF COMPLIANCE WITH RULE 9A FILED] [NO CERTIFICATE OF COMPLIANCE WITH RULE 9C FILED] Applies To: Fuller, Mary (Plaintiff)

Affidavit of Michelle T. Della Guardia, Esq.

Affidavit of compliance with Superior Court Rule 9A with Notice of Filing and List of Documents Applies To: Gradel, Esq., Laura D (Attorney) on behalf of R.J. Reynolds Tobacco Company (Defendant)

Laura D Gradel, Esq.'s Assented to MOTION to admit counsel pro hac vice: Michelle T. Della Guardia, Esq.

Rule 9A list of documents filed.

Endorsement on Motion to admit Michelle T. Della Guardia, Esq., Pro Hac Vice (#44.0): ALLOWED Clerk's Notice mailed on 02/06/2020 to MKL, FTB, DBA, KPR, KMG, PJB, CJM and MTDG.

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion to bifurcate damage issues from liability issues

Brief filed: Reply Applies To: Rainer, Esq., Andrew (Attorney) on behalf of Fuller, Mary (Plaintiff)

Rule 9A list of documents filed. [NO CERTIFICATE OF COMPLIANCE WITH RULE 9A FILED] [NO CERTIFICATE OF COMPLIANCE WITH RULE 9C FILED] Applies To: Fuller, Mary (Plaintiff)

Plaintiff's filing of bankruptcy status report. Bankruptcy status: Pending as to Garber Bros., Inc.

Opposition to P#58, defendants' motion in limine to exclude improper evidence regarding addiction filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Opposition to P#59, defendants' motion in limine to exclude evidence related to preempted theories of liability filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to exclude Surgeon General reports regarding smoking and health

Corporate Disclosure Statement filed Defendant RJ Reynolds Tobacco

Corporate Disclosure Statement filed Defendant Cumberland Farms, Inc.

Plaintiff Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller's Request for Status Conference to Discuss Trial Locations

Endorsement on Request for Status Conference (#91.0): ALLOWED Status conference via Zoom 5/26/2021 at 2:30 p.m. Clerk's Notice emailed to AR, MG, and first class mail to KMG, KPR, LMJ, DBA, FTB, MTDG, all on 04/29/2021.

Opposition to P#54, defendants' motion in limine to exclude evidence of their financial resources filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Opposition to P#55, defendants' motion in limine to exclude Surgeon General reports regarding smoking and health filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

ATTORNEY APPEARANCE of Mark R Seiden added as Pro Hac Vice (SJC 3:15) for Defendant R.J. Reynolds Tobacco Company

ORDER: IT IS ORDERED; Final Trial conference 8/25/21 @ 9:30 am, Trial 9/13/21 9:00 a.m. Judge: Pasquale, Hon. Gregg J

ORDER: It is Ordered; Status conference scheduled for 1/8/21, at 10:00 am, before sitting Justice to discuss Trial issues. Jury Trial scheduled for June 1, 2021, at 9:00 a.m. (3 weeks). Final Trial conference 5/14/21 at 2:00 p.m.

Plaintiff(s) John Fuller, Mary Fuller motion filed to preserve by Audio-Visual Deposition testimony of John Fuller less than six months from service of the summons complaint pursuant to MRCP 30 and 30A

Opposition to to plaintiffs' motion to videotape trial testimony #9 filed by R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.

Johanna L Matloff, Esq.'s Assented to MOTION to admit counsel pro hac vice: Peter J. Biersteker, Esq., for defendant, R.J. Reynolds Tobacco Company

Affidavit of Peter J. Biersteker, Esq.

Endorsement on Motion to Admit Peter J. Biersteker, Esq., Pro Hac Vice, for R.J. Reynolds Tobacco Company (#10.0): ALLOWED by the Court. (BBO#: PHV358108DC) Clerk's Notices mailed on 08/01/2016 to MKL, JLM and PJB.

Endorsement on Motion to (#12.0): Submit Status Report ALLOWED Clerk's Notices mailed on 09/28/2016 to AAR and TEP.

Endorsement on motion for audio / visual deposition (#9.0): ALLOWED A medical provider is to be available for consultation during both depositions to determine whether the plaintiff can tolerate depositions. Clerk's Notices mailed on 09/29/2016 to AR and TEP.

Suggestion of death filed: Applies To: Fuller, John (Plaintiff)

Endorsement on Motion to amend the Complaint (#14.0): ALLOWED Original Amended Complaint to be docketed. Notice to JLM, TEP, MKL on 9/11/17

Plaintiff(s) Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller motion filed to compel testimony of Kara Calderon

Plaintiff Mary Fuller Personal Representative for the Estate of John Fuller, Mary Fuller's Motion in limine to preclude reference to the death or circumstances surrounding the death of John Fuller's former stepson, Nicholas; to preclude improper character evidence of alleged alcohol use or alleged psychological issues of Decedent's brother, William Fuller; to preclude improper character evidence or innuendo that John Fuller used recreational drugs; to preclude evidence of witnesses' personal smoking histories and knowledge of smoking risks except to the extent relevant to John Fuller's Knowledge of smoking risks; to preclude questions to witnesses regarding whether they believe John Fuller bears any responsibility for his injuries; to preclude improper evidence of admission by silence; to preclude evidence of the number of Americans who have quite smoking; to preclude evidence or argument concerning the number of people who work for R.J. Reynolds and insinuating the people will lose work if Plainitff prevails; and to preclude argument that the jury can "go home early"

Defendants R.J. Reynolds Tobacco Company, Cumberland Farms, Inc.'s Response to P #45.1

Rule 9A list of documents filed.

Plaintiff Mary Fuller Personal Representative for the Estate of John Fuller, Mary Fuller's Reply to P #45.2

R.J. Reynolds Tobacco Company, Cumberland Farms, Inc.'s Memorandum in opposition to P #46.1

Plaintiff Mary Fuller Personal Representative for the Estate of John Fuller, Mary Fuller's Motion to Limit the Testimony of Gregg L. Michel, Ph.D (DAUBERT/LANIGAN)

Plaintiff Mary Fuller Personal Representative for the Estate of John Fuller, Mary Fuller's Reply to P #46.2

Rule 9A notice of filing and List of Documents for Defendants' Trial Motions

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to exclude evidence of and argument related to ammonia compounds and other additives or ingredients used in cigarettes

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to exclude all evidence and argument suggesting that any portion of the proceeds of this litigation will go to charity

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to exclude evidence of their financial resources

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine regarding "Corrective Statements" ordered by the Court in United States v. Philip Morris

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to exclude improper addiction evidence

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to exclude evidence and argument related to preempted theories of liability

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion in limine to exclude evidence of or reference to alleged youth targeted marketing

Opposition to P#61, motion for 48 hours notice, filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion for 48 hour advance notice of witnesses and exhibits prior to presentation at trial

Opposition to P# 51, motion in limine to exclude evidence and argument related to ammonia compounds filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Opposition to P#62, motion to bifurcate damages and liability filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Opposition to P#52, motion in limine to exclude evidence of proceeds going to charity filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Opposition to P#49, motion in limine to preclude expert testimony regarding meaning or intent of company documents filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Opposition to P#53, motion in limine in regard to corrective statements ordered by the court in United States v. Philip Morris, filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Opposition to P#50, defendants' motion to exclude testimony of Dr. Meghan Moran filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Opposition to P#48, defendants' motion in limine to limit the testimony of Dr. K. Michael Cummings filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Opposition to P#60, defendants' motion in limine to exclude evidence of alleged youth marketing filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

WITHDRAWAL of Appearance of Laura D Gradel, Esq. withdrawn as Private Counsel for the Defendants

ORDER: IT IS ORDERED; Parties requesting that this case be tried in first session, 6/11/21 @ 3:00 pm status conf. to confirm availability of first session to try this case.

ORDER: IT IS ORDERED; Judge Gildea has confirmed and the Attorney's have been informed that this case will be tried in the first session or an alternative location, but not the second session. Further status scheduled for July so that the parties can discuss day to day scheduling of the trial and whether experts (or others) will be allowed to testify by zoom. Judge: Pasquale, Hon. Gregg J

Attorney appearance electronically filed of Kathleen Wallace, Esq. added as Private Counsel for Defendant R.J. Reynolds Tobacco Company

Affidavit of Jennifer L. Weizenecker, Esq.

Kathleen Wallace, Esq.'s Assented to MOTION to admit counsel pro hac vice: To Admit Attorneys Jennifer L. Weizenecker, Marc E. Walters and Victoria C. Powell of the law firm Jones Day

Affidavit of Marc E. Walters, Esq.

Affidavit of Victoria C. Powell, Esq.

Endorsement on Motion to Admit Attorneys Jennifer L. Weizenecker, Marc C. Walters and Victoria C. Powell, as Pro Hac Vice (#96.0): ALLOWED (EDocument sent: A Clerk's Notice (eDoc) was generated and emailed on 7/16/21)

Attorney appearance electronically filed Samuel Perkins, Esq. added as Private Counsel for Plaintiff Mary Fuller

ORDER: IT IS ORDERED; Empanelment to begin on 9/7/21. Motions I Limine rescheduled to 8/27/21, @ 9:00 a.m. Depositions to place on 9/1/21 @ 9:00 a.m., and shall notify court if issues/oppositions are to be addressed. Judge: Perrino, Hon. Thomas J

Rule 9A list of documents filed.

Reply/Sur-reply of Defendants' to Plaintiffs' Opposition to Motion to Continue Trial

Defendant R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion to continue / reschedule an event 09/07/2021 09:00 AM Jury Trial

Affidavit of compliance with Superior Court Rule 9A Applies To: R.J. Reynolds Tobacco Company (Defendant); Garber Bros., Inc. (Defendant); Cumberland Farms, Inc. (Defendant)

Opposition to Defendants' Motion to Continue Trial filed by John Fuller, Mary Fuller

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion for Judgment on the Pleadings

R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Memorandum in support of P#100, Motion for Partial Judgment on the Pleadings

Opposition to P#100, Motion for Partial Judgment on the Pleadings filed by Mary Fuller

Affidavit of compliance with Superior Court Rule 9A with Notice of Filing Applies To: Morrison, Esq., Christopher Michael (Attorney) on behalf of Cumberland Farms, Inc., Garber Bros., Inc., R.J. Reynolds Tobacco Company (Defendant)

WITHDRAWAL OF APPEARANCE OF Juliana T. Shulman-Laniel, Esq., for Mary Fuller

Reply/Sur-reply to P#100.2, Opposition to Motion for Partial Judgment on the Pleadings

Proposed Filings/Orders Consent Order on agreed motions in limine Applies To: Fuller, Mary (Plaintiff); Mary Fuller Personal Representative for the Estate of John Fuller (Plaintiff); R.J. Reynolds Tobacco Company (Defendant); Garber Bros., Inc. (Defendant); Cumberland Farms, Inc. (Defendant)

Endorsement on Motion to continue / reschedule an event the September 7, 2021 trial date (#99.1): After review and consideration the motion addresses general community concerns and does not address or reference a particular concern for a party, attorney or other participant in this case, as such the motion is DENIED without prejudice should circumstances change. Judge: Perrino, Hon. Thomas J

MEMORANDUM & ORDER: on Defendants' motion for Judgment on the pleadings: For the foregoing reasons, it is hereby ORDERED by the court that the defendants' motion tor partial judgment on the pleadings be ALLOWED and the claims brought pursuant to the wrongful death statute as well as Mrs. Fuller's independent claims for loss of consortium are hereby dismissed. Judge: Perrino, Hon. Thomas J (SEE SCANNED IMAGED for complete findings)

Defendant R.J. Reynolds Tobacco Company's Motion for Court Reporter at 9/1/21 hearing (unopposed)

Endorsement on Motion for Court Reporter at hearing (#103.0): ALLOWED (Attys. present )

ORDER: JURY-Waived Trial sent to appear for trial on September 9, 2021, at 9:00am (Given in hand to AR, MKL, FTB, JLW, KW, MEW)

MEMORANDUM & ORDER: (OMNIBUS) and DECISION on parties motions in limine Judge: Perrino, Hon. Thomas J (SEE SCANNED IMAGE FOR COMPLETE FINDINGS) (emailed to AR, MKL, FTB, CMM, KW, JLW, MEW 9/3/21)

Defendant R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion to exclude certain evidence from a 93A trial

Opposition to (P#108.1) Defts.' motion to exclude evidence from 93A only trial filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Memorandum in support of motion to exclude certain evidence from a 93A-only trial

Defendant R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion for Court Reporter, Janet McHugh, at trial (unopposed)

Plaintiff Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller's EMERGENCY Motion to amend the complaint

Endorsement on Motion for (#110.0): Court Reporter at trial ALLOWED (Attys. present)

Endorsement on Motion to amend the complaint (#111.0): ALLOWED (Attys. present)

Amended: Second amended complaint filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Witness list Applies To: Fuller, Mary (Plaintiff); Mary Fuller Personal Representative for the Estate of John Fuller (Plaintiff)

Witness list Applies To: R.J. Reynolds Tobacco Company (Defendant); Garber Bros., Inc. (Defendant); Cumberland Farms, Inc. (Defendant)

Answer to amended complaint Second Amended Complaint Applies To: R.J. Reynolds Tobacco Company (Defendant)

Answer to amended complaint Second Amended Complaint Applies To: Morrison, Esq., Christopher Michael (Attorney) on behalf of Cumberland Farms, Inc. (Defendant)

Stipulation of dismissal with Prejudice, without Costs as to Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller's amended complaint as to the c. 93A claim against Garber Bros, Inc., only

Defendants R.J. Reynolds Tobacco Company, Cumberland Farms, Inc.'s Motion to dismiss certain counts as to the c. 93A Counts against said defendants

Plaintiff Mary Fuller's Assented to Motion to extend time for filing of proposed findings of fact, rulings of law and response to defendants' Rule 41 motion

Rule 9A notice of filing Applies To: Lever, Esq., Meredith Katharine (Attorney) on behalf of Fuller, Mary, Mary Fuller Personal Representative for the Estate of John Fuller (Plaintiff)

Endorsement on Motion to extend time for filing proposed findings of fact, rulings of law and response to Defendants' Rule 41 motion (#120.0): ALLOWED Clerk's Notice emailed on 11/15/2021 to AR, MKL, MG, SP, CMM and KW; mailed to KMG, LMJ, KPR, DBA, FTB, MRS, MTDG, JLW, VCP and MEW.

Proposed Filings/Orders Proposed Findings of Facts and Rulings of Law Applies To: R.J. Reynolds Tobacco Company (Defendant); Cumberland Farms, Inc. (Defendant)

Proposed Filings/Orders Proposed Findings of Fact and Ruling of Law Applies To: Fuller, Mary (Plaintiff); Mary Fuller Personal Representative for the Estate of John Fuller (Plaintiff)

Response to P # 119, Defendants Motion to Dismiss filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

Plaintiff Mary Fuller files proposed Findings of Fact, Rulings of Law Applies To: Rainer, Esq., Andrew (Attorney) on behalf of Fuller, Mary (Plaintiff)

Plaintiff Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller's Notice of intent to file motion to stay or defer entry of judgment

Findings of Fact and Rulings of Law: on the Defendant's Rule 41(b)(2) motion: ORDER For above stated reasons, the Defendant's motion to dismiss pursuant to Rule 41(b)(2) must be allowed as based on all the evidence, the plaintiff has shown no right of recovery. Judge: Perrino, Hon. Thomas J Copy to LMJ, VCP, DBA, MEW, JLW, AR, MKL, KPR, SP, KMG, MG, KW, CMM, FTB, MTDG, MRS on 3/18/22

Plaintiff Mary Fuller Personal Representative for the Estate of John Fuller's Motion to Stay or Defer Entry of Judgment

Endorsement on Motion to Stay or Defer Entry of Judgment (#127.0): DENIED After review, the plaintiff has not set forth a sufficient reason or basis for staying the entry of judgment, as such, the motion is DENIED.

Opposition to P #127.1 filed by R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.

Judgment: Dismissal MRCP 41(b)(2) after motion, for Defendant(s) R.J. Reynolds Tobacco Company, Cumberland Farms, Inc. as to Plaintiff(s), Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller, with prejudice. (copy mailed to AR, MKL, SP, KW, FTB, JLW, MEW, VCP)

Affidavit of Compliance with Superior Court Rule 9A

Rule 9A list of documents filed.

Reply/Sur-reply Plaintiff's Reply to P #127.2

Notice of appeal filed. Copy mailed to MKL, JLW, FTB, KW Applies To: Fuller, Mary (Plaintiff); Mary Fuller Personal Representative for the Estate of John Fuller (Plaintiff)

JUDGMENT on the Pleadings entered: After hearing and consideration thereof; on Defendants, R.J. Reynolds Tobacco Company, Garber Bros., Inc., and Cumberland Farms, Inc.'s, motion for partial Judgment on the pleadings as to Count II (Wrongful Death) and Count III (Loss of Consortium) of the Amended Complaint, and the court having granted said motion; It is ORDERED and ADJUDGED: That Count II (Wrongful Death) and Count III (Loss of Consortium), of the Amended Complaint, be and hereby are dismissed. (copy mailed to AR, MKL, SP, KW, FTB, JLW, VCP, MEW)

Certification/Copy of Letter of transcript ordered from Court Reporter 08/27/2021 09:00 AM Hearing on Motion(s) in Limine

Affidavit of Kevin P. Riddles, Esq.

Opposition to 39.1 (Defendant's Motion for Summary Judgement) filed by Plaintiff's

Defendants R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Motion for Partial Summary Judgment

Rule 9A list of documents filed.

Affidavit of Frank T. Bayuk, Jr. in support of motion for admission pro hac vice

Christopher Michael Morrison, Esq.'s Assented to MOTION to admit counsel pro hac vice: Frank T. Bayak

Attorney appearance On this date Juliana T Shulman-Laniel, Esq. added for Plaintiff Mary Fuller with Certificate of Service.

Endorsement on Motion to extend tracking deadline(s) (#36.0): ALLOWED COPY TO: CM,ML 3/5/19.

Plaintiff Mary Fuller's Assented to Motion to extend tracking deadline(s)

Opposition to motion to quash deposition and for protective order filed by Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller

ORDER: Directing the Release of Pathology and Establishing a Pathology Protocol Certified copy mailed to AR, TEP, CMM Judge: Fishman, Hon. Kenneth J

Defendant(s) R.J. Reynolds Tobacco Company motion filed to quash Notice of Deposition of Dr. James Figlar and for a Protective Order

Plaintiff, Defendant(s) Mary Fuller Personal Representative for the Estate of John Fuller, R.J. Reynolds Tobacco Company, Cumberland Farms, Inc. Joint motion filed for an order directing the release of pathology records

Statement of Undisputed Facts In Support of Defendant's Motion for Partial Summary Judgement

Plaintiffs Mary Fuller, Mary Fuller Personal Representative for the Estate of John Fuller's Assented to Motion to extend discovery to 12/21/2018 Judge: Gildea, Hon. Mark

R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Reply Memorandum in support of To Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgement

John Fuller, Mary Fuller, R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Joint Motion for leave to Submit Status Report

Opposition to P#40, Plaintiffs' Motion to Compel Testimony of Kara Calderon, filed by R.J. Reynolds Tobacco Company

Affidavit of compliance with Superior Court Rule 9A Applies To: Markham, Esq., Christopher Jesse (Attorney) on behalf of R.J. Reynolds Tobacco Company (Defendant)

Joint appendix for Summary Judgment motion package filed. (Exhibits A-Q)

R.J. Reynolds Tobacco Company, Garber Bros., Inc., Cumberland Farms, Inc.'s Memorandum in support of Defendant's Motion for Partial Summary Judgement