Duda, M.D., Francis J. Vs. Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education And Research Foundation, Inc.

Endorsement on Application for an Attachment or security interest, or in the alternative, approval of bond. (#67.0): No Action Taken Defendant to file affidavit from Federal concerning the position of Federal on the reservation of rights and whether it has been withdrawn after the verdict. (mailed 12/18) Judge: Callan, Hon. Michael K

Attorney appearance On this date Aimee Rene Goddard, Esq. dismissed/withdrawn for Plaintiff Francis J. Duda, M.D.

Notice of satisfaction of judgment filed by Plaintiff Francis J. Duda, M.D., satisfied in in full

Appeal entered in Appeals Court on 01/14/2019 docket number 2019-P-0039

Opposition to (P#67) Plaintiff's application for an attachment or security interest, ori in the alternative, approval of bond filed by Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.

General correspondence regarding Letter from Defendant's Attorney Mary J. Kennedy RE: Amended Affidavit of Kelly L. Connors on behalf of Federal Insurance Company

Endorsement on Motion for Additional Attorney's Fees (#66.0): ALLOWED without opposition. (dated 10/22/18) (Mailed 10/26/18) Judge: Callan, Hon. Michael K

Affidavit of Kelly L. Connors on behalf of Federal Insurance Company. (Amended)

Affidavit of compliance with Superior Court Rule 9A Applies To: Sapirstein, Esq., Tani E (Attorney) on behalf of Duda, M.D., Francis J. (Plaintiff)

Plaintiff Francis J. Duda, M.D.'s Motion for additional attorney's fees. (referred to Callan, J.) (mailed 10/11/18 to Callan, J. in Worcester County)

Affidavit of Kelly L. Connors on behalf of Federal Insurance Company

ORDER: on defendant's motion for judgment notwithstanding the verdict and for a new trial. (Mailed 09/20/18) Judge: Callan, Hon. Michael K

Affidavit of compliance with Superior Court Rule 9A Applies To: Kennedy, Esq., Mary J (Attorney) on behalf of Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc. (Defendant)

Opposition to defendant's motion for judgment NOV or for a new trial filed by Francis J. Duda, M.D.

Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Memorandum in support of its motion for judgment NOV or for a new trial

Endorsement on Motion to strike defendant's "Appendix A: Summary of Trial Evidence," Attached to defendant's Motion for judgment notwithstanding the verdict or for a new trial. (#61.0): DENIED The summary of Trial Evidence is accepted as the Defendant's version of the trial evidence. It is not a stipulation of the parties, and it is excepted that Plaintiff will offer his own version of the trial evidence and intervene, in his opposition papers. (8-2-18 Parties notified via e-mail). Judge: Callan, Hon. Michael K

Opposition to plaintiff's motion to strike defendant's "Appendix A: Summary of Trial Evidence," attached to defendant's motion for judgment notwithstanding the verdict or for a new trial filed by Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.

Plaintiff Francis J. Duda, M.D.'s Motion to strike defendant's "Appendix A: Summary of Trial Evidence,: attached to defendant's motion for judgment notwithstanding the verdict or for a new trial (referred to Callan, J.)

Endorsement on Motion in limine to exclude certain testimony of Lori Hinds and Lori Miller regarding the soundness of treatment decisions made by plaintiff. (#19.0): Other action taken Action deferred pending interrogation of the witness. Generally, the witnesses will be allowed to testify concerning their respective percipient observation. without editorialization/opinion. (dated 05/31/18) (Mailed 07/26/18) Judge: Callan, Hon. Michael K

General correspondence regarding The defendant's attorney allowing the plaintiff's attorney until August 1, 2018, to serve his opposition to their motion for judgment notwithstanding the verdict or for a new trial

Francis J. Duda, M.D.'s Memorandum in support of plaintiff's motion to strike defendant's "Appendix A: Summary of Trial Evidence," attached to defendant's motion for judgment notwithstanding the verdict or for a new trial

JUDGMENT entered on this date.: Judgment for Costs/Fees After Judicial Finding Presiding: Hon. Michael K Callan Judgment For: Francis J. Duda, M.D. Judgment Against: Baystate Medical Practices, Inc. Terms of Judgment: Jdgmnt Date: 07/26/2018 Damages: Other Costs: 7200.81 Crt Ord Atty Fee: 192443.75 Judgment Total: 199,644.56

Endorsement on Motion in limine to exclude testimony of the parents of plaintiff's patients including Jill McDonald, June Mattoon, and Bonnie Choiniere (#18.0): Other action taken Refer to trial at the time of the proposed testimony. (dated 05/31/180 (Mailed 07/26/18) Judge: Callan, Hon. Michael K

ORDER: On Plaintiff's Motion For Attorneys' Fees And Costs Judge: Callan, Hon. Michael K

Affidavit of compliance with Superior Court Rule 9A Applies To: Sapirstein, Esq., Tani E (Attorney) on behalf of Duda, M.D., Francis J. (Plaintiff)

Plaintiff Francis J. Duda, M.D.'s Reply to limited opposition of Defendant to Plaintiff's motion for an award of Attorney's fees and costs

Opposition to P#57 Plaintiff's motion for an award of Attorney's fees and costs filed by Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc., Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.

Affidavit of John J. Egan, Esq.

Judgment. It is ORDERED and ADJUDGED:: That the Plaintiff, Francis J. Duda, M.D. recover of the Defendant, Baystate Medical Practices, Inc., f/k/a Baystate Medical Education and Research Foundation, Inc., the sum of $575,241.83 in back pay with statutory interest thereon from the date of complaint; $197,528.25 in front pay with statutory interest from the date of entry of the verdict and $1,146,812.38 in punitive damages with statutory interest from the date of entry of the verdict and their costs of action. Mailed:7/5/18 Judge: Callan, Hon. Michael K

Affidavit of Matthew J. Fogelman, Esq.

Plaintiff Francis J. Duda, M.D.'s Motion for an award of Attorney's fees and costs

Verdict of jury for party Applies To: Sapirstein, Esq., Tani E (Attorney) on behalf of Duda, M.D., Francis J. (Plaintiff)

Defendant Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Supplemental, Memorandum of Law in support of defendant's motion for directed verdict at the close of all the evidence on plaintiff's handicap bias discrimination claim

Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Memorandum in support of defendant's motion for directed verdict at the close of all the evidence

General correspondence regarding Defendant's requested modifications to the Plaintiff's supplemental jury instructions submitted on June 16, 2018

Objection to plaintiff 's requests for changes to court's proposed jury instructions with citations to authority filed by Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.

Plaintiff Francis J. Duda, M.D.'s Request for changes in draft jury instructions

Defendant Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Motion for a directed verdict at the close of all the evidence

Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Memorandum in support of motion of defendant for a directed verdict at the close of plaintiff's case

Defendant Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Motion of defendant for a directed verdict at the close of plaintiff's case

Defendants Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Objection and requested modifications to the court's first draft of proposed jury instructions

ORDER: Charge conference order Judge: Callan, Hon. Michael K

Endorsement on Motion to (#24.0): request panel voir dire and memorandum of law ALLOWED (dated 5/31/18) Separate Order issued. (mailed 6/4/18) Judge: Callan, Hon. Michael K

Endorsement on Motion in limine to exclude performance reviews from 2000 through 2011. (#20.0): DENIED The records are admissible provided the statutory requirements are met and a proper foundation established except the statement contained in bates page BMP 0264 beginning with "I think that Francis .....". That commentary is opinion and inadmissible. See, Julian v. Randazzo, 380 Mass. 391, 392 (1980) (faxed) Judge: Callan, Hon. Michael K

Endorsement on Motion for voir dire (#36.0): (panel) ALLOWED (dated 5/31/18) - See Order dated 5/31/18 (mailed 6/4/18) Judge: Callan, Hon. Michael K

Endorsement on Motion in limine (#21.0): concerning defendant's examination of Dr. Koenigs Other action taken (dated 5/31/18) Dr. Koenigs shall be called in the plaintiffs case, and may be cross-examined by defendants counsel. Dr. Koenigs may also be called as part of the defendants case but any direct shall not be cumulative of the prior cross-examination. (mailed 6/4/18) Judge: Callan, Hon. Michael K

Opposition to (P#21) Defendant's Motion in LImine concerning Defendant's examination of Dr. Koenigs. (Limited Opposition) filed by Francis J. Duda, M.D.

Opposition to (P#19) Defendant's Motion in Limine to exclude certain testimony of Lori Hinds and Lori Miller regarding the soundness of treatment decisions made by Plaintiff. (Limited Opposition) filed by Francis J. Duda, M.D.

List of exhibits not agreed upon

Defendant Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Motion and Memorandum of Law to request panel voir dire

List of exhibits

Defendant Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Motion in limine concerning defendant's examination of Dr. Koenigs

Defendant Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Motion in limine to exclude certain testimony of Lori Hinds and Lori Miller regarding the soundness of treatment decisions made by plaintiff

Defendant Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Motion in limine to exclude testimony of the parents of plaintiff's patients. Including Jill McDonald, June Mattoon, and Bonnie Choiniere

List of exhibits Plaintiff's proposed exhibits to which Defendant objects.

Plaintiff Francis J. Duda, M.D.'s Motion for panel voir dire.

Defendant Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.'s Motion in limine to exclude performance reviews from 2000 through 2011

Endorsement on Motion to Reset Trial Date (#12.0): ALLOWED Mailed: 12/7/17 Judge: Mason, Hon. Mark D