Eugene V Anderson Personal Representative For The Estate Of Tessa Kathleen Mary Anderson Vs. Bard College Et Al

MEMORANDUM & ORDER: MEMORANDUM & ORDER: Memorandum of Decision and Order on the Defendants' Motion to Dismiss ENTERED (Hogan, J.) The Defendants' Motion to Dismiss Counts Four, Five, Six, Seven, Eight, Nine, Eleven, Twelve, Thirteen, and Fourteen is DENIED. (Hogan, J.) The Defendants' Motion to Dismiss Count Ten is DENIED. (Hogan, J.) It is therefore ORDERED that the Defendants' Motion to Dismiss pursuant to Mass. R. Civ. P. 12(b)(6) be DENIED. (Hogan, J.) SEE ORDER # 25 Judge: Hogan, Hon. Maureen

Affidavit of Attorney Jeffrey S. Beeler, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Opposition to to the Defendants' Motion to Stay Discovery. filed by Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendant Bard College, Ian Bickford, Robert Graves's Motion to Stay Discovery by Defendants Bard College, Ian Bickford and Robert Graves. FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Defendant Bard College, Ian Bickford, Robert Graves's Motion to dismiss FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Affidavit of compliance with Superior Court Rule 9A FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9C FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff, Defendant Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson, Bard College, Ian Bickford, Robert Graves's Joint Motion to extend tracking deadline(s) (Discovery to 5/20/22, Rule 56 Motions Served by 8/29/22, Final Pre-Trial Conference to 10/31/22, and Judgment to 2/28/23) FILED Applies To: Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Bard College (Defendant); Bickford, Ian (Defendant); Graves, Robert (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Jeffrey S Beeler, Esq.Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Reply Memorandum in support of his Omnibus Motion to Compel further responses to written discovery served on the defendant Bard College, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Letters Rogatory RE: the State of Wisconsin, ENTERED (Agostini, J). Judge: Agostini, Hon. John A Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff) RE: the County of Rock of the State of Wisconsin, ENTERED (Agostini, J).

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion to Omnibus Motion to Compel further responses to written discovery served on the defendant Bard College (leave granted to file up to 30 pages on May 17, 2021), FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Letters Rogatory RE: the State of New Hampshire, ENTERED (Agostini, J). Judge: Agostini, Hon. John A Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff) RE: the County of Rockingham of the State of New Hampshire, ENTERED (Agostini, J).

Opposition to to Plaintiff's Omnibus Motion to Compel Further Responses to Written Discovery Served on the Defendant, FILED. filed by Bard CollegeFILED. Applies To: Bard College (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Affidavit of Arielle B. Kristan in support of defendant Bard College's Opposition to plaintiff's Omnibus Motion to Compel further responses to written discovery served on the defendant, FILED. Applies To: Bard College (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Letters Rogatory Re: the State of Minnesota, ENTERED (Agostini, J). Judge: Agostini, Hon. John A Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff) RE: the County of Olmsted of the State of Minnesota, ENTERED (Agostini, J).

Letters Rogatory RE: the State of New York, ENTERED (Agostini, J). Judge: Agostini, Hon. John A Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff) RE: the County of Albany of the State of New York, ENTERED (Agostini, J).

Letters Rogatory RE: the State of Georgia, ENTERED (Agostini, J). Judge: Agostini, Hon. John A Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff) RE: the County of Gwinnett of the State of Georgia, ENTERED (Agostini, J).

Letters Rogatory Re: the State of Michigan, ENTERED (Agostini, J). Judge: Agostini, Hon. John A Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff) RE: the County of Washtenaw of the State of Michigan, ENTERED (Agostini, J).

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion for issuance of Letters Rogatory with Certificate of Service, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Letters Rogatory RE: the County of Rensselaer, of the State of New York, ENTERED (Agostini, J). Judge: Agostini, Hon. John A Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion for Leave of the Court to File a Memorandum of No More than 30 Pages in Support of Plaintiff's forthcoming Omnibus Motion to Compel Written Discovery Responses from the Defendant, Bard College. FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendants Bard College, Ian Bickford, Robert Graves's Request for Hearing on Their Motion to Dismiss FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bickford, Ian (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bickford, Ian (Defendant)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion to extend the deadline for the filing of a Motion for Assessment of Damages and Default Judgment against Anthony Doyle as Personal Representative of the Estate of Karen Elaine Beaumont Biggs. FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendant Bard College, Ian Bickford, Robert Graves's Reply to Plaintiff's Opposition to Motion to Dismiss. FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Rule 9A notice of filing FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Rule 9A list of documents filed. FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Jeffrey S Beeler, Esq.'s Memorandum in opposition to the Defendants' Motion to Dismiss Standard of Review. FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of Scott A. Roberts in Support of Defendant's Motion to Dismiss. FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

's Memorandum in support of Motion to Dismiss by Defendants Bard College, Ian Bickford, and Robert Graves. FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

's Memorandum in support of Motion to Stay Discovery by Defendants Bard College, Ian Bickford and Robert Graves. FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Affidavit of Scott A. Roberts in Support of Motion to Stay Discovery by Defendants Bard College, Ian Bickford, and Robert Graves. FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Rule 9A list of documents filed. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Rule 9A notice of filing FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Service Returned for Defendant Bard College: Service made in hand to Melanie Guerin Exec. Asst agent person in charge at the time of service for Bard College c/o Ian Bickford, registered agent 84 Alford Rd. Great Barrington MA 01230 on 11/13/19

Service Returned for Defendant Graves, Robert: Service made at last and usual place of Robert Graves 24 Silver St., Apt C8 Great Barrington MA 01230 and by mailing first class to the above address on 11/13/19

Original civil complaint filed.

Service Returned for Defendant Bickford, Ian: Service made in hand to Melanie Guerin Exec. Asst agent person in charge at the time of service for Ian Bickford 84 Alford Rd., Great Barrington, MA 01230 on 11/13/19

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Assented to Motion in limine for Reconsideration of the Court's Order of August 12, 2021 (Rule 9A Waived by the Parties) FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of Attorney Jeffrey S. Beeler FILED

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion for Issuance of Letters Rogatory (Second Amended) FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion for Issuance of Letters Rogatory FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Request for hearing filed FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Certificate of Compliance Superior Court Rule 9C FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendant Bar College Answer to First amended complaint Pursuant to Massachusetts Rules Civil Procedure 8 and 15, FILED Applies To: Bard College (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Request for medical malpractice tribunal filed by party for: OtherPsychology FILED Applies To: Win, Judith (Defendant); Bagley, John G (Attorney) on behalf of Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Answer to amended complaint. Defendant, Judith Win's Answer to Plaintiff's First Amended Complaint and demand for Trial By Jury. With Certificate of Service. FILED Applies To: Win, Judith (Defendant); Bagley, John G (Attorney) on behalf of Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Plaintiff, Defendants Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson, Anthony Doyle Personal Representative for the Estate of Karen Elaine Beaumont Biggs, Anthony Doyle Personal Representative for the Estate of Karen Elaine Beaumont Biggs, Ian Bickford, Robert Graves, United Educators Insurance, A Reciprocal Risk Retention Group, Judith Win, Madeline Allen's Motion to Extend Tracking Order (by Three Months) JOINT. With Certificate of Service. FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Amended Complaint, returned SERVED Service of Summons, First Amended Complaint and Jury Demand, Requests for Production of Documents, interrogatory requests, and requests for admissions accepted by Arielle B. Kristan, Esq., Attorney for Defendant Madeline Allen on 11/21/2022. FILED Applies To: Allen, Madeline (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Allen, Madeline (Defendant)

Party(s) file Stipulation of extension of time to file Offer of Proof to November 25, 2022, FILED. Applies To: Win, Judith (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Bagley, John G (Attorney) on behalf of Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Received from Defendant Allen, Madeline: Answer to First amended complaint Pursuant to Massachusetts Rules Civil Procedure 8 and 15, FILED Applies To: Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Allen, Madeline (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Allen, Madeline (Defendant)

Medical Malpractice Tribunal list filed. Applies To: Win, Judith (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Bagley, John G (Attorney) on behalf of Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Summons, returned SERVED Michael R. Lavoie, Esq., attorney for Judith Win, accepted Service of the Summons, First Amended Complaint and Jury Demand, requests for admissions on November 8, 2022. FILED Applies To: Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Jeffrey S Beeler, Esq.'s Reply Memorandum in response to United Educator's Opposition to the motion for letters rogatory for the deposition of Dena Kaufman, Esq., FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of Jeffrey S. Beeler, Esq., FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Certificate of compliance with Superior Court Rule 9C, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Party status: Defendant Bickford, Ian: Dismissed by agreement of parties;

Affidavit of Compliance with Superior Court Rule 9A, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion for issuance of Letters Rogatory re: Dena Kaufmann Potomac, MD 28054, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendant(s) Bard College motion filed for clarification of two provisions of the Order on Plaintiff's Amended Motion to Compel the Production of Unredacted Documents (Docket No. 106)(the "Discovery Order") - (Unopposed) FILED Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

ORDER: on Plaintiff's Motion to Compel a 30(b)(6) deposition entered (Wilkins, J.) Judge: Wilkins, Hon. Douglas H Applies To: Fliegauf, Esq., Kurt Baran (Attorney) on behalf of Bard College (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Boucher, Esq., Gregory M (Attorney) on behalf of United Educators Insurance, A Reciprocal Risk Retention Group (Other interested party); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Rule 9A Affidavit of Compliance FILED Applies To: Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Notice in regard to results of further discussions between counsel related to the pending Motion to Compel a deponent for 30(b)(6) topics -- Letter was also faxed on 8/16/2022. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion to Compel the Production of Witness for Deposition Pursuant to Mass. R. Civ. P. 30 (b)(1) FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

ORDER: on Plaintiff's Omnibus Motion to Compel (Pleading #46), ENTERED (Callan, J). NOTE: ALL FUTURE HEARINGS ARE TO BE IN PERSON (Callan, J).

Attorney appearance On this date Gregory M Boucher, Esq. added for Other interested party United Educators Insurance, A Reciprocal Risk Retention Group

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Certificate of Compliance with Superior Court Rule 9C FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Opposition to of United Educators Insurance to Plaintiffs' Motion for Issuance of Letters Rogatory to take the deposition of Dena Kaufman, Esq. by Attorney Gregory M. Boucher, FILED. filed by

Reply/Sur-reply Plaintiff's Reply Memorandum to United Educators Insurance's Opposition to Plaintiff's Second Amended Motion for Issuance of Letters Rogatory FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of Jeffrey S. Beeler, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9C FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff, Defendants Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson, Bard College, Ian Bickford, Robert Graves's Motion to continue the June 15, 2022 at 2:00 p.m. hearing be rescheduled to June 21, June 30 or July 5, 2022 FILED Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Affidavit of compliance with Superior Court Rule 9A FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Amended: First amended complaint filed by Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson and Jury Demand FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Assented to Motion to extend tracking deadline(s) Discovery, Service of Rule 56, Final Pre-Trial Conference, Judgment / Disposition Discovery to January 31, 2023; Rule 56 served by March 24, 2023; Final Pre-Trial Conference by April 3, 2023 (currently scheduled); Judgment on or before August 2023. FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of Jeffrey S. Beeler related to Superior Court Rule 9C communication related to Plaintiff's motion for leave to file a first amended complaint, FILED.

Defendant Bard College's Notice of filing - Rule 9A FILED Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Assented to Motion to Extend tracking order deadlines to: Completion of fact discovery -October 31, 2022. Rule 56 Motion Served by January 31, 2023. Final pretrial conference- On or after March 31, 2023. Judgment- On or before August 2023. FILED Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College, Bickford, Ian, Graves, Robert (Defendant)

Defendant Bard College's Notice of Rule 9A List of Documents 1. Unopposed Motion for Clarification; 2. Affidavit of Compliance with Superior Court Rule 9A; 3. Superior Court Rule 9A Notice of Filing; and 4. Rule 9A Lists of Documents FILED Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

General correspondence regarding Letter from Attorney Jeffrey Beeler reporting agreements reached after further discussions re: Motion to Compel a deponent for 30(b)(6) topics, RECEIVED by fax. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of Attorney Jeffrey S. Beeler related to Superior Court Rule 9C Communication related to Plaintiff's Amended Motion to Compel the Production of Unredacted Documents FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9C FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Opposition to to Plaintiff's Motion to Compel the Production of Unredacted Documents filed by Bard College FILED Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Graves, Robert (Defendant)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion to Compel the Production of Unredacted Documents (AMENDED) FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendant Bard College's Notice of Withdrawal of Appearance of Kurt B. Fliegauf, Esq. FILED Applies To: Fliegauf, Esq., Kurt Baran (Attorney) on behalf of Bard College (Defendant)

ORDER: Order on Various Discovery Motions, ENTERED (Agostini, J). Certified copy to counsel.

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Certificate of Compliance with Superior Court Rule 9C FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9C Communication related to Plaintiff's Motion to Compel a 30(b)(6) Deposition FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Reply Memorandum in support of his Motion to Compel a 30(b)(6) Deposition FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion to Compel a 30(b)(6) Deposition FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Opposition to to Plaintiff's Motion to Compel a 30(b)(6) Deposition filed by Bard College FILED Applies To: Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant)

Affidavit of Attorney Jeffery S. Beeler related to Superior Court Rule 9C Communication related to Plaintiff's Motion to Compel the Production of Witness for Deposition Pursuant to Mass. R. Civ. R. 30(b)(1) FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendant Bard College's Notice of Appearance of Kurt B. Fliegauf as counsel for defendant Bard College. FILED

Affidavit of compliance with Superior Court Rule 9A FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of of Jeffery S. Beeler, Esq. related to Superior court Rule 9C Communication related to Plaintiff's Second Amended Motion for Issuance of Letters Rogatory FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Opposition to to Plaintiff's Second Amended Motion for Issuance of Letters Rogatory filed by Gregory Boucher, Esq. on behalf of United Educators Insurance, a Reciprocal Risk Retention Group FILED

Affidavit of Attorney Gregory M. Boucher, Esq. FILED

Affidavit of of Joseph McCullough FILED

Opposition to to Plaintiff's Notice of Taking 30(b)(6) Deposition to Bard College at Simon's Rock filed by Bard CollegeFILED Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Affidavit of Attorney Arielle B. Kristan in support of Defendant Bard College's Opposition to Plaintiff's Motion to Compel FILED Applies To: Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant)

Affidavit of Attorney Jeffrey S. Beeler related to Superior Court Rule 9C Communication related to Plaintiff's Motion for Issuance of Letters Rogatory FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9C FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

ORDER: on the Defendant's Motion for Reconsideration or in the alternative to Report the Case entered (Agostini, J.) Judge: Agostini, Hon. John A Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Anti, Esq., Dennis Robert (Attorney) on behalf of Win, Judith (Defendant); Heineman, Esq., Michael J (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Opposition to to Plaintiff's Motion for Issuance of Letter Rogatory for Leon Botstein filed by Bard CollegeFILED Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Affidavit of of Leon Botstein FILED

Plaintiff, Defendants Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson, Bard College, Ian Bickford, Robert Graves's Joint Motion to extend the tracking order deadlines Discovery from 5/20/2022 to 7/29/2022; Rule 56 served by from 8/29/2022 to 10/29/2022; Rule 56 filed by 9/29/2022 to 11/29/2022; Final Pretrial Conference from 10/31/2022 to December 31, 2022 or after; Judgment from 2/28/2023 to on or before April 28, 2023 FILED Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

MEMORANDUM & ORDER: on Plaintiff's Motion to Compel entered (Agostini, J.) Copies certified to counsel Judge: Agostini, Hon. John A Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Opposition to Plaintiff's OPPOSITION to Defendant's Motion for Reconsideration or, in the alternative, to report, with Certificate of Service and Exhibits 1 & 2, FILED. filed by Applies To: Heineman, Esq., Michael J (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of Jeffrey S. Beeler Related to Superior Court Rule 9C Communication Related to Plaintiff's Motion to Compel the Production of Factual Information Obtained from Karen Elaine Beaumont Biggs Prior to her Death. FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendant Bard College, Madeline Allen, Robert Graves's Notice of Rule 9A Notice of Filing, FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant); Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Defendant Judith Win's Assented to Motion to cancel March 14th, 2024 Hearing. (Duplicate filing) With Certificate of Service. FILED Applies To: Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Win, Judith (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Opposition to Plaintiff's OPPOSITION to the Defendants' motion for leave to take expert deposition, FILED. filed by Applies To: Heineman, Esq., Michael J (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendant Robert Graves's Notice of filing pursuant to Rule 9A and list of documents filed. 1. Motion for reconsideration or, in the alternative, to report (memorandum in corporated); 2. Plaintiff's opposition to defendant's motion for reconsideration or, in the alternative, to report; 3. Reply in support of motion for reconsideration or, in the alternative, to report; 4. Request for hearing on motion for reconsideration or, in the alternative, to report; and 5. Rule 9A notice of filing. With Certificate of Service. Applies To: Graves, Robert (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Graves, Robert (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Graves, Robert (Defendant)

Defendant Robert Graves's Motion for reconsideration or, in the alternative, to report (memorandum incorporated pursuant to Rule 9A) with Certificate of Service with Exhibits A-C, FILED. Applies To: Graves, Robert (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Graves, Robert (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Graves, Robert (Defendant)

Defendant(s) Bard College, Madeline Allen, Robert Graves motion filed for deposition Motion for leave to take expert depositions (memorandum incorporated), FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant); Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

General correspondence regarding Letter received from Attorney Jeffrey S. Beeler reporting typographical errors in the Order entered March 29, 2024. Applies To: Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendant Robert Graves's Request for for a hearing on defendant's motion for reconsideration or, in the alternative, to report, FILED. Applies To: Graves, Robert (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Graves, Robert (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Graves, Robert (Defendant)

Defendant Robert Graves's Notice of Motion for Reconsideration (Rule 9E). With Certificate of Service. FILED Applies To: Graves, Robert (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bickford, Ian (Defendant)

Reply/Sur-reply Defendant Robert Graves reply in support of motion for reconsideration or, in the alternative, to report with Certificate of Service, FILED. Applies To: Graves, Robert (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Graves, Robert (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Graves, Robert (Defendant)

Summary Judgment. It is ORDERED and ADJUDGED:: 1. Summary Judgment is entered for the defendant Madeline Allen as to Counts 10, 11 and 12; 2. Summary Judgment is entered for the defendant Bard College as to Count 17; 3. The Court finds and declares that the law of Massachusetts applies to this action; 4. The Court finds and declares that any monetary damages against Bard College is subject to G.L. c. 231, sec. 85K and is limited to $20,000.00 (Agostini, J.) (This is entered as an Order for Partial Judgment as the case remains pending as to other claims) Judge: Agostini, Hon. John A Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Anti, Esq., Dennis Robert (Attorney) on behalf of Win, Judith (Defendant); Heineman, Esq., Michael J (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

ORDER: Order on the Defendants' Motion to Take Expert Depositions ENTERED (Agostini, J.) Judge: Agostini, Hon. John A

Reply/Sur-reply Defendant Bard College and Robert Graves' Reply in support of Motion for Leave to take Expert Depositions, FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant)

Scott Alan Roberts, Esq., Arielle Brooks Kristan, Esq., Alexandra Aurelia Mitropoulos, Esq.Bard College, Robert Graves, Madeline Allen's Memorandum in support of Motion for Partial Summary Judgment on behalf of Defendants Bard College, Madeline Allen and Robert Graves with Certificate of Service, FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant); Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

MEMORANDUM & ORDER: on the defendants Robert Graves and Madeline Allen's Motion for Summary Judgment and Eugene V. Anderson's Cross-Motion for Summary Judgment entered (Agostini, J.) Judge: Agostini, Hon. John A Applies To: Fliegauf, Esq., Kurt Baran (Attorney) on behalf of Bard College (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Anti, Esq., Dennis Robert (Attorney) on behalf of Win, Judith (Defendant); Heineman, Esq., Michael J (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Bagley, John G (Attorney) on behalf of Win, Judith (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Statement of Undisputed Facts Consolidated Statement of Undisputed Facts with Certificate of Service, FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Allen, Madeline, Bard College, Bickford, Ian, Graves, Robert (Defendant); Anti, Esq., Dennis Robert (Attorney) on behalf of Win, Judith (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Allen, Madeline, Bard College, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Allen, Madeline, Bard College, Bickford, Ian, Graves, Robert (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Affidavit of Arielle B. Kristan in Support of Defendant's Motion for Summary Judgment with Certificate of Service, FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant); Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Opposition to to Defendant, Judith Win's Motion for a Summary Judgment. With Certificate of Service. FILED filed by Applies To: Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Attorney appearance On this date Dennis Robert Anti, Esq. added for Defendant Judith Win

Defendant Judith Win's Request for a Hearing (Pursuant to Superior Court Rule 9A(c)(3). With Certificate of Service. FILED

Attorney appearance On this date Michael J Heineman, Esq. added for Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson

Defendant Bard College, Madeline Allen, Robert Graves's Motion for Partial Summary Judgment with Certificate of Service and Rule 9C Certification, FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant); Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Graves, Robert (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Graves, Robert (Defendant)

Jeffrey S Beeler, Esq., Arielle Brooks Kristan, Esq., Arielle Brooks Kristan, Esq., Dennis Robert Anti, Esq.Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson, Bard College, Robert Graves, Madeline Allen, Judith Win's Joint Memorandum Pre-Trial Memorandum. With Exhibits 1-5 and Exhibits 1 & 2. With Certificate of Service. FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Opposition to Plaintiffs' OPPOSITION to the Partial Summary Judgment Motion on Behalf of Defendants Bard College, Madeline Allen and Robert Graves AND CROSS-MOTION for Partial Summary Judgment on the issues of Duty of Care, Breach of Duty and the Law Applicable to Charitable Immunity in this case with Certificate of Service, FILED. filed by Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Rule 9A notice of filing With Certificate of Service, FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant); Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Statement of AMENDED Consolidated Statement of Undisputed Material Facts, FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Supplemental Affidavit of Jeffrey S. Beeler in Support of Plaintiff's Motion for Summary Judgment with Certificate of Service, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Request for hearing filed Defendants Bard College, Madeline Allen and Robert Graves request for hearing on Motion for Partial Summary Judgment, FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant); Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant) Certificate of Service.

Jeffrey S Beeler, Esq.Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Memorandum in support of Plaintiff's MEMORANDUM in Support of his Opposition to the Motion for Partial Summary Judgment on behalf of Defendants Bard College, Madeline Allen and Robert Graves and the Plaintiff's CROSS MOTION for Summary Judgment with Certificate of Service, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff, Defendant Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson, Bard College, Robert Graves, Madeline Allen's Rule 9A Index of Exhibits Index to Superior Court Rule 9A(b)(5)(v) Joint Appendix. Numbers 1-82. *** Documents to large to scan**** Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Allen, Madeline, Bard College, Bickford, Ian, Graves, Robert (Defendant); Anti, Esq., Dennis Robert (Attorney) on behalf of Win, Judith (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Allen, Madeline, Bard College, Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Allen, Madeline, Bard College, Bickford, Ian, Graves, Robert (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Affidavit of Philip Morrison with Certificate of Service, FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant); Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Jeffrey S Beeler, Esq.Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Reply Memorandum Memorandum to the Opposition of the Defendants, Bard College, Madeline Allen and Robert Graves to the Plaintiff's Cross-Motion for a Summary Judgment with Certificate of Service, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Defendant Bard College, Robert Graves, Madeline Allen's Reply in Support of Motion for Partial Summary Judgment on behalf of Bard College, Madeline Allen, and Robert Graves and OPPOSITION to Plaintiff's Cross-Motion with Certificate of Service, FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant); Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Affidavit of Jeffrey S. Beeler in Support of Plaintiff's Motion for Summary Judgment with Certificate of Service, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of Robert Graves with Certificate of Service, FILED. Applies To: Graves, Robert (Defendant); Fliegauf, Esq., Kurt Baran (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Affidavit of compliance with Superior Court Rule 9A FILED Applies To: Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Defendant Judith Win's Motion for Summary Judgment. With Certificate of Service. FILED Applies To: Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Affidavit of Madeline Allen with Certificate of Service, FILED. Applies To: Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant)

Rule 9A notice of filing FILED Applies To: Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Rule 9A list of documents filed. 1. Defendant Judith Win's Motion for Summary Judgment; 2. Defendant Judith Win's Memorandum in Support of Her Motion for Summary Judgment; 3. Plaintiff's Memorandum in Opposition to Defendant Judith Win's Motion for Summary Judgment; 4. Defendant Judith Win's Response to Plaintiff's Memorandum in Opposition to Defendant Judith Win's Motion for Summary Judgment; 5. Defendant Judith Win's Statement of Facts with Plaintiff's Responses; 6. Index to Superior Court Rule 9A(b)(5)(v)/Joint Appendix; 7. Affidavit of Compliance; 8. Notice of Filing; and 9. List of Documents; 10. Request for a Hearing With Certificate of Service. FILED Applies To: Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Response to Judith Win's Statement of Facts. With Certificate of Service. FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Received from Defendant Graves, Robert: Answer to First amended complaint Pursuant to Massachusetts Rules Civil Procedure 8 and 15, FILED Applies To: Graves, Robert (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Graves, Robert (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Graves, Robert (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Graves, Robert (Defendant)

Defendant Judith Win's Certificate for Uniform Counsel Certification for Civil Cases. FILED Applies To: Win, Judith (Defendant); Bagley, John G (Attorney) on behalf of Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Attorney appearance On this date Michael Lavoie, Esq. added for Defendant Judith Win

General correspondence regarding check to cover the cost of 4 summonses from Attorney Beeler's office FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Notice of Counsel conferring as to the 30(b)(6) topics. FILED Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

AMENDED ORDER: Order on Plaintiff's Amended Motion to Compel the Production of Unredacted Documents ENTERED Judge: Wilkins, Hon. Douglas H

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion for leave to file a first amended complaint, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

ORDER: Order on Plaintiff's Amended Motion to Compel the Production of Unredacted Documents ENTERED (Wilkins, J.) Bard shall produce additional unredacted documents consistent with the above discussion on or before September 26, 2022, except that if any student seeks protective action under FERPA, Bard need not produce the information in question without resolution of that student's opposition to disclosure. (Wilkins, J.) Judge: Wilkins, Hon. Douglas H

Attorney appearance On this date Gregory M Boucher, Esq. dismissed/withdrawn for Other interested party United Educators Insurance, A Reciprocal Risk Retention Group, FILED

Opposition to Plaintiff's Motion to Compel a Witness to testify as to Insurance issues filed by Bard College FILED Applies To: Fliegauf, Esq., Kurt Baran (Attorney) on behalf of Bard College (Defendant)

Affidavit of compliance with Superior Court Rule 9C FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Attorney appearance On this date John G Bagley dismissed/withdrawn for Defendant Judith Win

List of exhibits Exhibit List filed with Defendants Bard College, Madeline Allen and Robert Graves Memorandum in support of Partial Summary Judgment - Exhibits A-D, FILED. Applies To: Bard College (Defendant); Graves, Robert (Defendant); Allen, Madeline (Defendant); Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant) With Certificate of Service.

Defendants Bard College, Robert Graves, Madeline Allen's Assented to Motion for leave to exceed the page limit in support of Defendant's Motion for Summary Judgment. Defendant's move this court for leave to file a Memorandum in support of their Motion for Summary Judgment that exceeds the page limit set fourth in Superior Court Rule 9A(a)(5)(iv) by up to Fifteen pages, for a total of up to Thirty-five pages, FILED. Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Anti, Esq., Dennis Robert (Attorney) on behalf of Win, Judith (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Plaintiff, Defendants Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson, Robert Graves, Judith Win, Madeline Allen, Bard College's Rule 9A Index of Exhibits Exhibits 1-25. FILED

Defendant Judith Win's Reply and Memorandum in Support of Her Motion For Summary Judgment. With Certificate of Service. FILED Applies To: Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Michael Lavoie, Esq.Judith Win's Memorandum in support of Her Motion for Summary Judgment. With Certificate of Service. FILED Applies To: Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Letters Rogatory RE: Kim Gershon, Nederland, CO, ENTERED (Flannery, J). Judge: Flannery, Hon. Francis E Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Affidavit of Jeffrey S. Beeler related to Superior Court Rule 9C communication related to Plaintiff's Motion for Issuance of Letters Rogatory, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiffs, Defendants Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson, Bard College, Robert Graves, Judith Win, Madeline Allen's Motion to Extend Tracking Order Rule 56 Served by (from 6/30/2023 - 8/29/2023) Final Pre-Trial Conference (from 7/6/2023 - to 7/6/2023) Judgment (from November 2023 - On or before January 2023) With Proposed Order With Certificate of Service FILED Applies To: Roberts, Esq., Scott Alan (Attorney) on behalf of Bard College (Defendant); Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff); Kristan, Esq., Arielle Brooks (Attorney) on behalf of Bard College (Defendant); Bagley, John G (Attorney) on behalf of Win, Judith (Defendant); Mitropoulos, Esq., Alexandra Aurelia (Attorney) on behalf of Bard College (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Certificate of List of documents filed. 1. Plaintiff's Motion for Issuance of Letters Rogatory; 2. (Corrected) Affidavit of Compliance with Superior Court Rule 9A; 3. (Corrected) Affidavit of Compliance with Superior Court Rule C; 4. (Corrected) Affidavit of Jeffrey S. Beeler related to Superior Court Rule 9C communication related to Plaintiff's Motion for Issuance of Letters Rogatory; and, 5. List of Documents. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Motion for issuance of Letters Rogatory RE: Kim Gershon, Nederland CO, with Certificate of Service, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

ORDER: on Extended Tracking Order Deadlines. ENTERED Judge: Agostini, Hon. John A

Affidavit of Compliance with Superior Court Rule 9A, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

Plaintiff Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson's Certificate of Compliance with Superior Court Rule 9C, FILED. Applies To: Beeler, Esq., Jeffrey S (Attorney) on behalf of Eugene V Anderson Personal Representative for the Estate of Tessa Kathleen Mary Anderson (Plaintiff)

The medical malpractice tribunal made up of Hon. John A Agostini, Anne Gurian, MD and Mark J Albano, Esq., having met on 03/20/2023 02:00 PM Malpractice Tribunal reports that there is sufficient evidence to raise a legitimate question as to liability appropriate for judicial inquiry. ENTERED (Agostini, J.) certified copies to counsel re: Judith Win Applies To: Win, Judith (Defendant)

Rule 9A notice of filing FILED Applies To: Win, Judith (Defendant); Lavoie, Esq., Michael (Attorney) on behalf of Win, Judith (Defendant)