Dudley, Jr., Richard Vs. Monopoli, William P. Et Al

Judgment. It is ORDERED and ADJUDGED:: that this case against Defendant, William P. Monopoli, is DISMISSED as stated in Procedural Order dated August 13, 2019 Judge: Hopkins, Hon. Merita A

Endorsement on Motion to Vacate Default Judgment (#46.0): DENIED There is no default judgment and there is no affidavit in support of motion. Judge: Hopkins, Hon. Merita A

Attorney appearance On this date Allison Cogliano, Esq. added as Private Counsel for Plaintiff Richard Dudley, Jr.

Endorsement on Motion to continue / reschedule an event Final Pretrial Conference scheduled for January 10, 2018 (#41.0): ALLOWED having been assented to. Final Pretrial Conference continued to January 31, 2018 at 2:00 p.m. at the Taunton Superior Court. Judge: Losowski, John F

Plaintiff Richard Dudley, Jr.'s Request for Jury Instructions.

Defendant Massachusetts State Police's Reply in Support of Motion for an Order Granting Access to and leave to Disclose Criminal Offender Record and Other Information

Defendant William P. Monopoli's Motion to dismiss certain counts or in the Alternative to Remove Default and Motion to Dismiss Pursuant to Mass. R. Civ. P. 4(J)

Defendant William P. Monopoli's Motion to Vacate Default Judgment pursuant to Rule 60(b)(6) and Supporting Memorandum.

Rescript received from Appeals Court; judgment VACATED and the case is remanded for trial consistent with the opinion of the Appeals Court..

Plaintiff Richard Dudley, Jr.'s Motion for voir dire pursuant to M.G.L. c.234A, Section 67D and Superior Court Rule 6.

Request for Jury instructions filed by Plaintiff Richard Dudley, Jr. (Supplemental)

List of exhibits JOINT

List of exhibits

Juror Voir Dire questions filed by: Defendant Massachusetts State Police

Endorsement on Motion in limine to preclude any and all surveillance video and photographs (#59.0): ALLOWED without prejudice

Proposed verdict slip filed by Massachusetts State Police

Defendant Massachusetts State Police's Request for Jury Instructions.

Witness list Applies To: Massachusetts State Police (Defendant)

Endorsement on Motion in limine to preclude evidence of collateral source benefits (#60.0): ALLOWED without prejudice.

ORDER: Granting Access to and Leave to Disclose Criminal Offender Record and Other Information Judge: Yessayan, Hon. Raffi N

Attorney appearance On this date Nicole Ann Eldredge, Esq. added as Attorney for the Commonwealth for Defendant Massachusetts State Police

Attorney appearance On this date Andrew Walter Koster, Esq. dismissed/withdrawn as Private Counsel for Defendant Massachusetts State Police

Defendant Massachusetts State Police's Motion for an Order Granting Access to and Leave to Disclose Criminal Offender Record and Other Information

Certificate of service of attorney or Pro Se: Stacey Klein Verde, Esq. (Defendant's, William P. Monopoli, Motion to Dismiss and Supporting Memorandum)

Opposition to (#48) Defendant's, William P Monopoli, Motion to Dismiss or in the Alternative Remove Default and Motion to Dismiss Pursuant to Mass. R. Civ. P. 4(J) filed by Richard Dudley, Jr.

MEMORANDUM & ORDER: on the Defendant, Massachusetts State Police's motion for summary judgment, ALLOWING same.

Richard Dudley, Jr.'s Memorandum in support of Admissibility of Aerial Video.

Joint Pre-Trial Memorandum filed:

JUDGMENT on jury verdict for the Defendant(s), Massachusetts State Police against Plaintiff(s), Richard Dudley, Jr., who will not recover statutory costs. Judge: Hopkins, Hon. Merita A

ORDER: PROCEDURAL ORDER: At a review status hearing on August 13, 2019, counsel for the plaintiff Richard Dudley, Jr. represented that the plaintiff will not be requesting an assessment of damages and/or judgment on the default of defendant William P. Monopoli. Therefore, it is ORDERED that this case against defendant William P. Monopoli will be dismissed, with the agreement of the plaintiff and defendant Monopoli on September 13, 2019, unless the plaintiff files further action with the court prior to this date. Judge: Hopkins, Hon. Merita A

Verdict of jury for party Applies To: Massachusetts State Police (Defendant)

Plaintiff Richard Dudley, Jr.'s Request for voir dire questions.

General correspondence regarding faxed letter received from Stacey Klein Verde, Esq.: On behalf of Defendant, William P. Monopoli, I am withdrawing Defendant's Opposition to Plaintiff's Motion for an Order Granting Access to and Leave to Disclose Criminal Offender Record and Other Information that is scheduled for hearing on Tuesday, May 21, 2019 at 2:00 p.m.

Endorsement on Motion for an Order Granting Access to and Leave to Disclose Criminal Offender Record and Other Information (#53.0): ALLOWED there being no opposition. Judge: Yessayan, Hon. Raffi N

Pre-Trial ORDER: Jury Trial on July 8, 2019 at 9:00 am.

Endorsement on Motion to dismiss all counts (#48.0): DENIED after hearing. See order Judge: Donatelle, Hon. Sharon

ORDER: on Defendant's Motion to Dismiss or in the Alternative to Remove Default and Motion to Dismiss Pursuant to Mass. R. Civ. P. 4(j): The parties were before the Court on September 4, 2018 for hearing on the "Defendant's (William Monopoli) Motion to Dismiss or in the Alternative to Remove Default and Motion to Dismiss Pursuant to Mass. R. Civ. P. 4(J). After hearing and careful consideration of the written submissions and oral arguments of the parties, the motion is DENIED. The Defendant argues that the claims against him should be dismissed because the Plaintiff failed to timely file a motion for assessment of damages and default judgment. The default entered against the Defendant on July 15, 2014. At that time there was at least one additional defendant against whom the action was pending. Notwithstanding any other preceding order(s) to the contrary, it is apparent from the docket entry of November 14, 2013, that the Court expressed its intention to defer the assessment of damages against Monopoli until the disposition of the claims against the remaining defendant. The Defendant alternatively argues that the default should be vacated and the claims dismissed because he was not properly served. The Defendant has failed to show "good cause" for the Court to set aside the default entered against the defendant over five years ago. As grounds the defendant claims he was not properly served pursuant to Mass. R. Civ. P. 4(j). The Plaintiff provided evidence of service at the defendant's last address of record with the MA Registry of Motor Vehicles pursuant to G.L. c. 90 3D. While the defendant claims he was incarcerated from May 1, 2011 to approximately May 1, 2013, he has failed to provide any reliable and admissible evidence in corroboration. Finally, while the Defendant maintains he first became aware of the case on or about January 12, 2018, he waited almost six months before he took any action by filing his original motion to vacate default judgment on June 1, 2018. So Ordered

Pre-Trial ORDER: Trial with jury (3 half days) scheduled for September 17, 2018 at 9:00 a.m. at the Taunton Superior Court; For good cause, pretrial conference continued to September 5, 2018

Pre-Trial ORDER: for good cause, pretrial conference continued to 11/27/17 @ 2pm.

Endorsement on Motion to continue the conference in consolidated cases (#38.0): ALLOWED by agreement. Conference shall be continued to Monday, September 11, 2017 at 2:00 pm

Affidavit filed by Defendant Massachusetts State Police in support of Motion for an order Granting Access to and Leave to Disclose Criminal Offender Record and Other Information

Opposition to Defendant Massachusetts State Police's Motion to Enlarge Tracking Order filed by William P. Monopoli