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Cruthird, Dwayne vs. O'Brien, Carol Higgins et al
On August 31, 2015 a contract action involving an incarcerated party case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Middlesex County, MA.
Case Details
Case Number
Filing Date
August 31, 2015
Last Refreshed
November 26, 2023
Filing Location
Middlesex County, MA
Category
Contract / Business Cases
Practice Area
Commercial
Matter Type
Breach of Contract
Parties
Plaintiffs
Cruthird, Dwayne
Attorneys for Plaintiffs
Pro Se
Defendants
Dickhaut, Thomas
Dipaolo, Paul L.
Fontaine, Frederick F
Grant, Michel
Hallett, Allison E.
O'Brien, Carol Higgins
Silva, Philip
Weagle, Christopher
Attorneys for Defendants
Masse, Esq., Steven J.
Sultan, Esq., Bradley A
Case Documents
Case Events
| Date | Type | Description | |
|---|---|---|---|
| February 01, 2017 | Docket Event | General correspondence regarding compliance with the court's order dated 01/09/17 filed by the defendants | |
| January 31, 2017 | Docket Event | Event Result: The following event: Motion Hearing scheduled for 02/07/2017 02:00 PM has been resulted as follows: Result: Canceled Reason: Joint request of parties | |
| January 31, 2017 | Docket Event | Event Result: The following event: Hearing on Contempt scheduled for 02/07/2017 02:00 PM has been resulted as follows: Result: Canceled Reason: Joint request of parties | |
| January 27, 2017 | Docket Event | The following form was generated: Notice to Appear Sent On: 01/27/2017 10:54:45 | |
| January 27, 2017 | Docket Event | The following form was generated: Notice to Appear Sent On: 01/27/2017 10:54:11 | |
| January 10, 2017 | Docket Event | ORDER: It is ORDERED and ADJUDGED that the defendants are to provide the plaintiff with a copy of the December 5, 2014 Department of Correction Internal Affairs report that is complete and unredacted with the exception of the redacted names, numbers, and/or other identifying information of other inmates pursuant to the CORI statute M.G.L.s. 6 S. 172. (Kern, J.) Dated 1/9/17 and copies mailed 1/10/17 | |
| January 10, 2017 | Docket Event | Endorsement on Motion for Clarification (#23.0): ALLOWED after consultation with Judge Fahey and ascertainment of her original intent. (Kern, J.) Dated 1/9/17 and copies mailed 1/10/17 | |
| January 09, 2017 | Docket Event | Defendant Carol Higgins O'Brien, Thomas Dickhaut, Paul L. DiPaolo, Michel Grant, Philip Silva, Christopher Weagle, Allison E. Hallett, Frederick F Fontaine's Motion for Clarification | |
| December 27, 2016 | Docket Event | Judgment and Order. It is ORDERED and ADJUDGED:: That the defendants are to provide the plaintiff with a complete and unredacted copy of Investigation Report (DOC-MASAC 14-175). The judgment is stayed twenty (20) days to give defendants the opportunity to appeal. | |
| December 27, 2016 | Docket Event | Endorsement on Motion for scheduling order (#20.0): DENIED Judgment to enter on Judge Fahey's order of 10/17/16. | |
| December 21, 2016 | Docket Event | Event Result: The following event: Motion Hearing scheduled for 12/21/2016 02:00 PM has been resulted as follows: Result: Held as Scheduled | |
| November 18, 2016 | Docket Event | The following form was generated: Notice to Appear Sent On: 11/18/2016 13:54:12 | |
| November 14, 2016 | Docket Event | Opposition to Defendant Carol Higgins O'Brien, Thomas Dickhaut, Paul L. DiPaolo, Michel Grant, Philip Silva, Christopher Weagle, Allison E. Hallett, Frederick F Fontaine's Motion for Scheduling Order filed by Applies To: Cruthird, Dwayne (Plaintiff) | |
| November 10, 2016 | Docket Event | Defendant Carol Higgins O'Brien, Thomas Dickhaut, Paul L. DiPaolo, Michel Grant, Philip Silva, Christopher Weagle, Allison E. Hallett, Frederick F Fontaine's Motion for Scheduling Order | |
| October 19, 2016 | Docket Event | ORDER: COPY OF MEMORANDUM OF DECISIONI ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR MOOTNESS': (which see pgs. 1-2) ORDER: Defendants' Motion to Dismiss is ALLOWED once Defendants' have provided the Plaintiff with a complete and unredacted copy of Investigation Report (DOC-MASAC-14-175). This Order is stayed for 20 days to give Defendants the opportunity to appeal. (Elizabeth M. Fahey, Justice) Dated 10/17/16 and copies mailed 10/19/16 | |
| September 30, 2016 | Docket Event | ORDER: MEMORANDUM OF DECISION AND ORDER ON DEFENDANT'S RESPONSE TO COURT'S AUGUST 17, 2016 ORDER REGARDING REDACTION (which see pgs. 1-3) ORDER: Within 20 (twenty) days defendants are to provide this court with an unredacted copy of the requested documents to be sent to the undersigned in Newburyport. (Elizabeth M. Fahey, Justice) copies mailed 9/30/16 | |
| September 26, 2016 | Docket Event | Opposition to defendants' response to court's August 17, 2016, order regarding redaction filed by Dwayne Cruthird | |
| September 21, 2016 | Docket Event | Endorsement on Submission of Response to Court's August 17, 2016 ORDER Regarding Redactions (#16.0): Other action taken Plaintiff has until 10/6/16 to file any responses. (Fahey, J.) copies mailed 9/21/16 | |
| September 19, 2016 | Docket Event | Response to Response to Court's August 17,2016 Order Regarding Redactions filed by Applies To: O'Brien, Carol Higgins (Defendant); Dickhaut, Thomas (Defendant); DiPaolo, Paul L. (Defendant); Grant, Michel (Defendant); Silva, Philip (Defendant); Weagle, Christopher (Defendant); Hallett, Allison E. (Defendant); Fontaine, Frederick F (Defendant) | |
| August 17, 2016 | Docket Event | ORDER: ORDER ON DEFENDANT'S MOTION TO DISMISS Following the logic of Sikora, J.'s analysis in Leeman v. Cote, 21 Mass.L.Rptr. 411 (20016), this defendant's Motion to Dismiss remains DENIED without prejudice. Notwithstanding that the defendant has now produced a less redacted Department of Correction Investigation Report, this court is not satisfied that the Department of Correction has yet complied with the Public Record Law. This Court's concerns primarily relate to redactions on pp.3,4,26-29, 31-38. The Defendant may file a response to this within 30 days or seek additional time that defendant requests and is granted. (Elizabeth M. Fahey, Justice) copies mailed 8/17/16 | |
| August 15, 2016 | Docket Event | Event Result: The following event: Status Review scheduled for 08/15/2016 04:00 PM has been resulted as follows: Result: Held as Scheduled | |
| August 02, 2016 | Docket Event | Endorsement on Response to court's June 21,2016 order regarding redactions (#14.0): Other action taken After review, plaintiff directed to file reply with the Court within ten(10) days. | |
| July 20, 2016 | Docket Event | Defendant Christopher Weagle's Response to Court's June 21,2016 Order Regarding Redactions | |
| June 22, 2016 | Docket Event | General correspondence regarding Unredacted Copy of Investigation Report | |
| June 21, 2016 | Docket Event | ORDER: ORDER ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR MOOTNESS After review and hearing, this Motion to Dismiss is denied without prejudice to renewal. At the hearing the defendants provided a redacted copy to plaintiff and this court and an unredacted copy only to the court. The defendants did not indicate in their motion to dismiss the basis for which they redacted numerous pages in their entirety or why sometimes plaintiff's name was redacted and sometimes not. The defendants also never explained what the basis was for its numerous redactions, whether FOIA (Halpern v. FBI, 181 F.3D 279 (1999) or impoundment generally or some other standard. This court allows defendants another 30 days to provide another redacted copy with the least possible redactions which are acceptable to the defendants, together with a brief explanation of the bases for all of the redactions defendants request. Should defendants file this new redacted copy, the original should be filed in Middlesex with a copy to the undersigned in Newburyport. (Elizabeth M. Fahey, Justice) copies mailed 6/21/2016 | |
| April 28, 2016 | Docket Event | Matter taken under advisement The following event: Rule 12 Hearing scheduled for 04/28/2016 02:00 PM has been resulted as follows: Result: Held - Under advisement | |
| April 20, 2016 | Docket Event | Event Result: The following event: Status Review scheduled for 04/20/2016 08:30 AM has been resulted as follows: Result: Held as Scheduled | |
| February 12, 2016 | Docket Event | Appearance entered On this date Bradley A. Sultan, Esq. added for Defendant Michel Grant | |
| February 12, 2016 | Docket Event | Appearance entered On this date Bradley A. Sultan, Esq. added for Defendant Paul L. DiPaolo | |
| February 12, 2016 | Docket Event | Appearance entered On this date Bradley A. Sultan, Esq. added for Defendant Frederick F Fontaine | |
| February 12, 2016 | Docket Event | Appearance entered On this date Bradley A. Sultan, Esq. added for Defendant Thomas Dickhaut | |
| February 12, 2016 | Docket Event | Appearance entered On this date Bradley A. Sultan, Esq. added for Defendant Allison E. Hallett | |
| February 12, 2016 | Docket Event | Appearance entered On this date Bradley A. Sultan, Esq. added for Defendant Carol Higgins O'Brien | |
| February 12, 2016 | Docket Event | Appearance entered On this date Bradley A. Sultan, Esq. added for Defendant Christopher Weagle | |
| February 12, 2016 | Docket Event | Appearance entered On this date Bradley A. Sultan, Esq. added for Defendant Philip Silva | |
| February 01, 2016 | Docket Event | The following form was generated: Notice to Appear Sent On: 02/01/2016 11:07:34 | |
| February 01, 2016 | Docket Event | Case assigned to: DCM Track F - Fast Track was added on 02/01/2016 | |
| January 21, 2016 | Docket Event | Dwayne Cruthird's Memorandum in support of Opposition to paper #10.0 "Defendants' motion to dismiss" filed by Dwayne Cruthird | |
| January 21, 2016 | Docket Event | Opposition to paper #10.0 "Defendants' motion to dismiss" filed by Dwayne Cruthird | |
| January 14, 2016 | Docket Event | Defendant Carol Higgins O'Brien, Thomas Dickhaut, Paul L. DiPaolo, Michel Grant, Philip Silva, Christopher Weagle, Allison E. Hallett, Frederick F Fontaine's Motion to dismiss plaintiff's complaint MRCP 12(b) for mootness. | |
| December 21, 2015 | Docket Event | Endorsement on Motion to Enlarge and Limited appearance (#9.0): ALLOWED Motion allowed, response to be filed by 1-15-16. (Budd J.) copies mailed 12-21-15 | |
| December 11, 2015 | Docket Event | Appearance entered On this date Steven J. Masse, Esq. added as Private Counsel for Defendant Allison E. Hallett | |
| December 11, 2015 | Docket Event | Appearance entered On this date Steven J. Masse, Esq. added as Private Counsel for Defendant Christopher Weagle | |
| December 11, 2015 | Docket Event | Appearance entered On this date Steven J. Masse, Esq. added as Private Counsel for Defendant Philip Silva | |
| December 11, 2015 | Docket Event | Appearance entered On this date Steven J. Masse, Esq. added as Private Counsel for Defendant Carol Higgins O'Brien | |
| December 11, 2015 | Docket Event | Appearance entered On this date Steven J. Masse, Esq. added as Private Counsel for Defendant Michel Grant | |
| December 11, 2015 | Docket Event | Defendant Carol Higgins O'Brien's Motion to enlarge time for responding to Plff's Complaint Applies To: O'Brien, Carol Higgins (Defendant); Dickhaut, Thomas (Defendant); DiPaolo, Paul L. (Defendant); Grant, Michel (Defendant); Silva, Philip (Defendant); Weagle, Christopher (Defendant); Hallett, Allison E. (Defendant); Fontaine, Frederick F (Defendant) | |
| December 11, 2015 | Docket Event | Appearance entered On this date Steven J. Masse, Esq. added as Private Counsel for Defendant Paul L. DiPaolo | |
| December 11, 2015 | Docket Event | Appearance entered On this date Steven J. Masse, Esq. added as Private Counsel for Defendant Frederick F Fontaine | |
| December 11, 2015 | Docket Event | Appearance entered On this date Steven J. Masse, Esq. added as Private Counsel for Defendant Thomas Dickhaut | |
| November 16, 2015 | Docket Event | Service Returned for Defendant Hallett, Allison E.: Service via certified mail; 11/2/15, 2 Administration Rd. Bridgewater, MA 02324 | |
| November 16, 2015 | Docket Event | Service Returned for Defendant O'Brien, Carol Higgins: Service via certified mail; 11/2/15, 50 Maple Street, suite 3 Milford, MA 01757 | |
| October 16, 2015 | Docket Event | Appearance entered On this date Pro Se added for Plaintiff Dwayne Cruthird | |
| October 16, 2015 | Docket Event | ORDER: ORDER PURSUANT TO STANDING ORDER 92-1: After review of your complaint and correspondence, the Court has ordered the following: 1 The complaint is to be entered without the requirement of a filing fee. 2.Summonses are to be provided to the plaintiff at no cost. 3.Service is to be made on each named defendant by regular mail at the plaintiff's expense. the return of service is to be made to the Clerk's Office in accordance with the attached instructions 4.A copy of the complaint is to be sent to the Office of the Department of Corrections by the plaintiff (Budd, Justice) Dated 10/16/15, and copies mailed | |
| October 16, 2015 | Docket Event | General correspondence regarding Eight Summonses sent to Plaintiff this day per Judge's Order | |
| September 23, 2015 | Docket Event | General correspondence regarding Plaintiff's Transactional Report from January to September, 2015 received | |
| September 04, 2015 | Docket Event | Order pursuant to M.G.L. c 261, § 29, to the Commissioner of Corrections or County Sheriff to provide certain information regarding inmate account relative to Plaintiff's motion to claim indigency and waive filing fee: Applies To: Cruthird, Dwayne (Plaintiff) | |
| August 31, 2015 | Docket Event | Civil action cover sheet filed. | |
| August 31, 2015 | Docket Event | Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit | |
| August 31, 2015 | Docket Event | Original civil complaint filed. |
