Preview
Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex
Docket Number 2381CV00374
4.2
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS Superior Court
Civil Action No. 2381CV00374
ADRIANA SRINIVASAN,
Plaintiff,
RECEIVED
Vv.
4/19/2023
CAMBRIDGE HEALTH ALLIANCE,
Defendant.
DEFENDANT CAMBRIDGE HEALTH ALLIANCE’S REPLY TO PLAINTIFF'S
LIMITED OPPOSITI ENDANT’S Mi (ON FOR EXTENSI! OF TIME
TO RESPOND TO PLAINTIFF’S WRITTEN DISCOVERY REQUESTS
Defendant Cambridge Health Alliance (“CHA”) hereby provides its Reply to Plaintiff's
April 10, 2023 Limited Opposition (the “Opposition’”) to Defendant’s Motion for Extension of
Time to Respond (the “Motion”) to Plaintiffs Written Discovery Requests.
L BACKGROUND
Prior to seeking court intervention through its Motion, Defendant emailed Plaintiff's
counsel seeking a request for an extension of time to respond to Plaintiff's three Requests for
Production of Documents (collectively, “RFPDs”) and two sets of Interrogatories (collectively,
“INTs”). In total, Plaintiff served 38 separate requests for documents and 9 interrogatories.
Defendant sought an extension from Plaintiff because of a federal jury scheduled at the time the
responses were due, among other reasons. In response, Plaintiff's counsel stated that he was
agreeable to the request, only if Defendant provided its objections by the original due date. As
Defendant’s counsel explained to Plaintiffs counsel, the very reason for the request was so that
Defendant would have additional time to consider Plaintiff's RFPDs and INTS and so that counsel
Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex
Docket Number 2381CV00374
,
could make determinations on what matters were objectionable. Defendant’s counsel explained
to Plaintiff's counsel that their schedules (including a federal jury trial, which went forward) were
among the reasons that compelled the request for this extension.
On April 10, 2023, Plaintiff's counsel served Defendant with Plaintiff's Opposition via
email. Exhibit A. In this email, Plaintiff's counsel requested that the 9A package be filed that
same day as an Emergency Motion and questioned, without any basis, whether Defendant’s request
for extension was made in good faith. See id. This request ignored the fact that Defendant has
until April 24, 2023 to file its 9A package per Rule 9A (b)(2)(ii) and the discovery period closes
eight months from now — in December 2023! Plaintiff's counsel had no legal authority to demand
that Defendant’s counsel submit its 9A package earlier than required under Rule 9A, let alone as
an Emergency Motion (which would not be filed through Rule 9A). Nor did Plaintiff's counsel
provide any legitimate basis in fact for demanding this matter be resolved via Emergency Motion.
In response to his email message, Plaintiff's counsel received an automated Outlook email
message from one of Defendant’s attorneys who was preparing for and in trial the week of April
10 that indicated she would be slow to respond to email for this reason. Exhibit B. Plaintiff's
counsel replied to this automated message stating, “This email did not work. Please have your
associate file this package today for the reasons earlier requested,” implying that Defendant’s
counsel dubiously set this automated Outlook message to fool Plaintiffs counsel into believing
she had a conflict, which was not the case. Exhibit C.'
1 On Sunday, April 16, 2023, Plaintiff's counsel objected to Defendant’s decision not to oblige his
request (made with no legal basis or authority) to file an Emergency Motion. Plaintiff’s counsel
requested that Defendant include this email in its 9A package. Plaintiff's counsel’s April 16, 2023
email is attached herein as Exhibit D.
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Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex
Docket Number 2381CV00374
I. REPLY
A. Defendant Complied With Rule 9A
In her Opposition, Plaintiff states that Defendant failed to comply with Rule 9A because it
failed to provide a separate memorandum in support of its Motion and failed to provide affidavits
to support the Motion. This argument is flawed.
Rule 9A requires that “Motion Papers” be served on all parties. Motion Papers are “(1) a
separate memorandum stating the reasons, including supporting authorities, that the motion should
be granted and (2) affidavits or other exhibits evidencing facts on which the motion is based.”
Rule 9A(1) (emphasis added). Defendant served Plaintiff with its memorandum in support of its
Motion. The opening paragraph of the Motion sent to Plaintiff's counsel clearly states that the
document provided was “grounds for its Motion.” See Motion at 1. In addition, the Motion clearly
states the reasons for why the motion should be granted. See generally Motion. Plaintiff's claim
that Defendant failed to serve her with a memorandum to support its Motion is baseless.
Moreover, Rule 9A(1) does not require affidavits where exhibits are attached to evidence
the facts on which the motion is based. See Rule 9A(1). The “or” between the words “affidavits”
and “exhibits” in the language of Rule 9A(1) makes this clear. Defendant did just that. With its
memorandum in support of its motion, Defendant attached an Exhibit documenting its requests to
Plaintiffs counsel for an extension of time, and reasons for the needed extension. See Motion
Exhibit A. These exhibits clearly describe that Defendant and its counsel needed additional time
to consider Plaintiff's RFPDs and INTS and to make determinations on what matters were
objectionable. This Exhibit also demonstrates that Defendant sought court intervention only after
Plaintiff's counsel declined to extend Defendant its requested extension. What counsel calls a
“very generous response” to Defendant’s request amounted to unreasonable demands to provide
objections to Plaintiff's written discovery by the very date for which Defendant’s counsel
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Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex
Docket Number 2381CV00374
1
requested an extension.
B. Defendant Requested a Modest Extension Of Time To Provide Its Objection:
And Responses To Written Discovery
Plaintiff asserts that Defendant’s request is for an extraordinary amount of time and that
“the Court should be mindful of expediting, not delaying [this case’s] resolution.” Opposition at
3-4. This argument ignores that the deadline for discovery in this case, as set forth by the Court in
its February 2, 2023 tracking order, is December 4, 2023. Exhibit E. Defendant’s request for an
extension of time, up to and including May 26, 2023, to provide its responses and objections to
Plaintiff's written discovery request, is well in advance of the December 4 discovery deadline for
this case and would not cause any undue delay. Plaintiff has failed to provide any legitimate
reason why the extension that Defendant seeks would be prejudicial to Plaintiff or this case.
UL. CONCLUSION
For the reasons set forth in this Reply and in its Motion, Defendant respectfully requests
that this Court grant its Request for Extension of Time up to and including May 26, 2023 to
provide its responses and objections to Plaintiff's RFPDs and INTs.
-4-
Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex
Docket Number 2381CV00374
Respectfully submitted,
CAMBRIDGE HEALTH ALLIANCE
By Its Attorneys,
/s/ Alexa M. Esposito
Asha A. Santos, Bar No. 670861
- asantos@littler.com
| Alexa M. Esposito, Bar No. 698378
aesposito@littler.com
LITTLER MENDELSON, P.C.
One International Place
Suite 2700
Boston, MA 02110
Telephone: 617.378.6000
Facsimile: 617.737.0052
Dated: April 19, 2023
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Date Filed 4/19/2023 11:50 AM
‘Superior Court - Middlesex
Docket Number 2381CV00374
EXHIBIT A
Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex
Docket Number 2381CV00374
From: Mark Stern
To: Allen,
Alexa Esposito; Santos, AshaA,
Subject: attached please find opposition to your motion
Date: londay, April 10, 2023 9: 1 AM
Attachments: mited Opposition to Mot o Extend im to Respond to Al D isco Re
Reg sts.nd
(EXTERNAL E-MAIL]
Counselors
If your motion is presented with any iota of good faith, I respectfully
request you file the 9A package with the Court today and indicate it is
an Emergency Motion for the reasons asserted in our opposition.
Mark Stern
Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex
Docket Number 2381CV00374
EXHIBIT B
Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex.
Docket Number 2381CV00374
From:
To: Allen, Alexa Esposito.
Cc: apaulaskas@littler,com;
Santos, Asha A,; Alan Rom
Subject: Re: Automatic reply: attached please find opposition to your motion
Date: Monday, April 10, 2023 10: AM
Attachments: ntoM nd Tim 1 Respondto Discovery quests.pd
This email did not work. Please have your associate file this package today for the reasons
earlier requested.
On 4/10/2023 9:37 AM, Allen, Alexa Esposito wrote:
Thank you for your email. | am in a federal court jury trial this week, from April
10-14, 2023. | will have very limited access to e-mail during the day. If your
message requires immediate assistance, please contact Amy Paulaskas at
apaulaskas@littler.com. Thank you.
mene neemenennnnnnnnnnnnnee
This email may contain confidential and privileged material for the sole use of the
intended recipient(s). Any review, use, distribution or disclosure by others is
strictly prohibited. If you are not the intended recipient (or authorized to receive
for the recipient), please contact the sender by reply email and delete all copies of
this message.
Littler Mendelson, P.C. is part of the international legal practice Littler Global,
which operates worldwide through a number of separate legal entities. Please visit
www. littler.com for more information.
Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex.
Docket Number 2381CV00374
EXHIBIT C
Date Filed 4/1 Page 1 of 7
Superior Courtsegepee
* ANSDC Massachusett... 13:14:13 PM
Docket Number 2381CV00374
Query Reports Utilities Help Log Out
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:22-cv-10414-RWZ
Moore v. Industrial Demolition LLC et al Date Filed: 03/17/2022
Assigned to: Judge Rya W. Zobel Jury Demand: Plaintiff
Demand: $75,000 Nature of Suit: 442 Civil Rights: Jobs
Case in other court: Bristol Superior Court, 2173C V00859 Jurisdiction: Diversity
Cause: 28:1446 Notice of Removal
Plaintiff
Eric Moore represented by Jamie Goodwin
Duddy, Goodwin & Pollard
2 Liberty Sq, 10th Floor
Boston, MA 02109
508-523-2632
Email: jg@dgpfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Turiello
Duddy, Goodwin & Pollard
446 Main Street, 16th Floor
Worchester 01608
(860) 999-9394
Email: mt@dgpfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Paul M. Facklam , Jr.
Duddy Goodwin & Pollard
2 Center Plaza
Suite 610
Boston, MA 02131
860-999-9394
Fax: 617-843-9322
Email: pmf@dgpfirm.com
ATTORNEY TO BE NOTICED
Samuel A. Kennedy-Smith
Lewis Brisbois Bisgaard & Smith
1 Citizens Plaza, Suite 1120
Providence, RI 02903
401-406-3310
https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.pl?139756277772074-L_1_0-1 4/10/2023
Date Filed 4/1
Superior CourtSeRB RE AMJSDC Massachusett. 13:14:13 PM Page 2 of 7
Docket Number 2381CV00374
Email: sks@dgpfirm.com
ATTORNEY TO BE NOTICED
Vv.
Defendant
Industrial Demolition LLC represented by Thomas M.L. Metzger
Littler Mendelson, P.C.
41 South High Street
Suite 3250
Columbus, OH 43215
614-463-4216
Fax: 614-573-9795
Email: tmetzger@littler.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Alexa Marie Esposito
Littler Mendelson P.C.
One International Place
Suite 2700
Boston, MA 02110
617-378-6000
Email: aesposito@littler.com
ATTORNEY TO BE NOTICED
Defendant
Michael J. Roberts represented by Thomas M.L. Metzger
TERMINATED: 07/26/2022 (See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Alexa Marie Esposito
(See above for address)
ATTORNEY TO BE NOTICED
Email All Attorneys
Email All Attorneys and Additional Recipients |
Date Filed # | Docket Text
03/17/2022 1 | NOTICE OF REMOVAL by Industrial Demolition LLC, Michael J. Roberts
( Filing fee: $ 402, receipt number AMADC-9230597 Fee Status: Filing Fee
paid) (Attachments: # 1 Exhibit A - State Court Documents, # 2 Exhibit B -
Notice of Filing Notice of Removal, # 3 Civil Cover Sheet, # 4 Civil Category
Form)(Esposito, Alexa) (Entered: 03/17/2022)
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Docket Number 2381CV00374
03/17/2022 NOTICE of Appearance by Alexa Marie Esposito on behalf of Industrial
Demolition LLC, Michael J. Roberts (Esposito, Alexa) (Entered: 03/17/2022)
03/17/2022 ELECTRONIC NOTICE of Case Assignment. Judge Rya W. Zobel assigned to
case. If the trial Judge issues an Order of Reference of any matter in this case to
a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L.
Cabell. (Finn, Mary) (Entered: 03/17/2022)
03/17/2022 Certified Copy of Notice of Removal Provided to Defense Counsel by Email
(McManus, Caetlin) (Entered: 03/17/2022)
03/23/2022 Assented to MOTION for Extension of Time to File Answer or Otherwise
Respond to Plaintiff's Complaint by Industrial Demolition LLC, Michael J.
Roberts.(Esposito, Alexa) (Entered: 03/23/2022)
03/23/2022 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 5 Motion for
Extension of Time to Answer re 5 Assented to MOTION for Extension of Time
to File Answer or Otherwise Respond to Plaintiff's Complaint All Defendants.
(Urso, Lisa) (Entered: 03/23/2022)
03/30/2022 STATE COURT Record. (Attachments: # 1 Certificate of Service)(Esposito,
Alexa) (Entered: 03/30/2022)
04/14/2022 MOTION to Dismiss by Industrial Demolition LLC.(Esposito, Alexa) (Entered:
04/14/2022)
04/14/2022 MEMORANDUM in Support re 8 MOTION to Dismiss filed by Industrial
Demolition LLC. (Attachments: # 1 Exhibit A - NLRB Case, # 2 Exhibit B -
Settlement)(Esposito, Alexa) (Entered: 04/14/2022)
04/14/2022 10 MOTION to Dismiss by Michael J. Roberts.(Esposito, Alexa) (Entered:
04/14/2022)
04/14/2022 li MEMORANDUM in Support re 10 MOTION to Dismiss filed by Michael J.
Roberts. (Attachments: # 1 Declaration of Michael J. Roberts)(Esposito, Alexa)
(Entered: 04/14/2022)
04/19/2022 12 NOTICE of Appearance by Samuel A. Kennedy-Smith on behalf of Eric Moore
(Kennedy-Smith, Samuel) (Entered: 04/19/2022)
04/25/2022 13 First MOTION for Extension of Time to May 12, 2022 to Oppose Pending
MTDs by Eric Moore.(Kennedy-Smith, Samuel) (Entered: 04/25/2022)
04/29/2022 4 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 13 Motion for
Extension of Time to 5/12/22. (Urso, Lisa) (Entered: 04/29/2022)
05/04/2022 15 First Opposition re 8 MOTION to Dismiss of Industrial Demolition filed by Eric
Moore. (Attachments: # 1 Memorandum in support, # 2 Exhibit Exhibit A, #3
Exhibit Exhibit B, # 4 Exhibit Exhibit C)(Kennedy-Smith, Samuel) (Entered:
05/04/2022)
05/04/2022 16 First MEMORANDUM in Opposition re 10 MOTION to Dismiss of Roberts
filed by Eric Moore. (Attachments: # 1 Memorandum in support, # 2 Exhibit
Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C)(Kennedy-Smith,
Samuel) (Entered: 05/04/2022)
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‘Superior Court
CRP RCE AMISDC Massachusett... 13:14:13 PM
Docket Number 2381CV00374
05/17/2022 17 Assented to MOTION for Leave to File Leave to File Reply in Support of
Individual Defendant Michael J. Roberts' Motion to Dismiss by Michael J.
Roberts.(Esposito, Alexa) (Enitered: 05/17/2022)
05/24/2022 18 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting17 Assented to
MOTION for Leave to File Leave to File Reply in Support of Individual
Defendant Michael J. Roberts' Motion to Dismiss; Counsel using the Electronic
Case Filing System should now file the document for which leave to file has
been granted in accordance with the CM/ECF Administrative Procedures.
Counsel must include - Leave to file granted on (date of order)- in the caption of
the document. (Pezzarossi, Lisa) (Entered: 05/24/2022)
05/26/2022 19 REPLY to Response to 10 MOTION to Dismiss filed by Michael J. Roberts.
(Esposito, Alexa) (Entered: 05/26/2022)
06/15/2022 20 ELECTRONIC NOTICE Setting Hearing on Motion 10 MOTION to Dismiss , 8
MOTION to Dismiss : Motion Hearing set for 6/29/2022 02:30 PM in
Courtroom 12 (In person only) before Judge Rya W. Zobel. (Urso, Lisa)
(Entered: 06/15/2022)
06/15/2022 21 ELECTRONIC NOTICE Resetting Hearing on Motion 10 MOTION to
Dismiss , 8 MOTION to Dismiss : Motion Hearing REset for 7/14/2022 02:30
PM in Courtroom 12 (In person only) before Judge Rya W. Zobel. (Urso, Lisa)
(Entered: 06/15/2022)
06/28/2022 22 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of
Thomas M. L. Metzger Filing fee: $ 100, receipt number AMADC-9388463 by
Industrial Demolition LLC, Michael J. Roberts. (Attachments: # 1 Exhibit A -
Affidavit)(Esposito, Alexa) (Entered: 06/28/2022)
06/28/2022 23 Judge Rya W. Zobel: ELECTRONIC ORDER entered ALLOWING 22 Motion
for Leave to Appear Pro Hac Vice Added Thomas ML. Metzger.
Attorneys admitted Pro Hac Vice must have an individual upgraded
PACER account, not a shared firm account, to electronically file in the
District of Massachusetts. Counsel may need to link their CM/ECF account
to their upgraded individual pacer account. Instructions on how to link
CM/ECF accounts to upgraded pacer account can be found at
https://www.mad.uscourts.gov/caseinfo/nextgen-curent-pacer-
accounts. htm#link-account.
(Warnock, Douglas) (Entered: 06/28/2022)
07/14/2022 24 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel:
Motion Hearing held on 7/14/2022 re 10 MOTION to Dismiss filed by Michael
J. Roberts, 8 MOTION to Dismiss filed by Industrial Demolition LLC. Judge
hears parties and takes motions under advisement; (Court Reporter: Kathleen
Silva at kathysilva@verizon.net.)(Attomeys present: Kennedy-Smith, Metger &
Esposito) (Urso, Lisa) (Entered: 07/14/2022)
07/26/2022 25 Judge Rya W. Zobel: ENDORSED ORDER entered granting as to Count 7 and
denying as to all other counts 8 Motion to Dismiss; granting 10 Motion to
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Docket Number 2381CV00374
Dismiss without prejudice (Urso, Lisa) Modified on 7/26/2022 (Urso, Lisa).
(Entered: 07/26/2022)
07/29/2022 26 Assented to MOTION for Extension of Time to August 22, 2022 to File Answer
by Industrial Demolition LLC.(Esposito, Alexa) (Entered: 07/29/2022)
08/22/2022 27 Defendant Industrial Demolition's ANSWER to Complaint of Plaintiff Eric
Moore by Industrial Demolition LLC.(Esposito, Alexa) (Entered: 08/22/2022)
08/23/2022 28 ELECTRONIC NOTICE of Scheduling ConferenceFurther Scheduling
Conference set for 9/7/2022 02:00 PM before Judge Rya W. Zobel. (by phone)
(Urso, Lisa) (Entered: 08/23/2022)
08/31/2022 29
ae JOINT STATEMENT re scheduling conference . (Esposito, Alexa) (Entered:
08/3 1/2022)
09/07/2022 30 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel:
Further Scheduling Conference held on 9/7/2022, ( Final Pretrial Conference set
for 3/22/2023 02:00 PM before Judge Rya W. Zobel., Jury Trial set for
4/11/2023 09:00 AM in Courtroom 12 (In person only) before Judge Rya W.
Zobel.). 2 days (Court Reporter: No Court Reporter Used.)(Attorneys present:
Kennedy-Smith & Esposito) (Urso, Lisa) (Entered: 09/08/2022)
12/01/2022 31 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 26 Motion for
Extension of Time to Answer re 26 Assented to MOTION for Extension of
Time to August 22, 2022 to File Answer Industrial Demolition LLC answer due
8/22/2022. (Urso, Lisa) (Entered: 12/01/2022)
01/17/2023 32 NOTICE of Appearance by Paul M. Facklam, Jr on behalf of Eric Moore
(Facklam, Paul) (Entered: 01/17/2023)
03/15/2023 33
22 First MOTION to Amend Complaint by Eric Moore.(Goodwin, Jamie) (Entered:
03/15/2023)
03/15/2023 34 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Turiello
Filing fee: $ 125, receipt number AMADC-9761558 by Eric Moore.(Goodwin,
Jamie) (Entered: 03/15/2023)
03/15/2023 35 Joint MOTION for Extension of Time to 03/17/2023 to File Pretrial
Memorandum by Eric Moore.(Goodwin, Jamie) (Entered: 03/15/2023)
03/17/2023 36 AFFIDAVIT of Michael Turiello in Support re 34 MOTION for Leave to
Appear Pro Hac Vice for admission of Michael Turiello Filing fee: $ 125,
receipt number AMADC-9761558 filed by Eric Moore. (Warnock, Douglas)
(Entered: 03/17/2023)
03/17/2023 37 Judge Rya W. Zobel: ELECTRONIC ORDER entered ALLOWING 34 Motion
for Leave to Appear Pro Hac Vice Added Michael Turiello.
Attorneys admitted Pro Hac Vice must have an individual upgraded
PACER account, not a shared firm account, to electronically file in the
District of Massachusetts. Counsel may need to link their CM/ECF account
to their upgraded individual pacer account. Instructions on how to link
CM/ECF accounts to upgraded pacer account can be found at
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Date Filed 4/1
$ 13:14:13 PM Page 6 of 7
Docket Number 2381CV00374
https:/Awww.mad.uscourts.gov/caseinfo/nextgen-current-pacer-
accounts.htm#t account.
(Warnock, Douglas) (Entered: 03/17/2023)
03/17/2023 38 PRETRIAL MEMORANDUM by Eric Moore. (Goodwin, Jamie) (Entered:
03/17/2023)
03/22/2023 39 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel: Final
Pretrial Conference held on 3/22/2023, ( Jury Trial set for 4/10/2023 09:00 AM
in Courtroom 12 (In person only) before Judge Rya W. Zobel.). 1 week; 10
jurors; question and requests by 4/7/23; (Court Reporter: None.)(Attorneys
present: Goodwin, Metzger & Espisito) (Urso, Lisa) (Entered: 03/22/2023)
03/22/2023 Al Judge Rya W. Zobel: ELECTRONIC ORDER entered denying 33 Motion to
Amend; granting 35 Motion for Extension of Time (Urso, Lisa) (Entered:
03/27/2023)
03/24/2023 AQ
aw MOTION in Limine to Exclude Certain Evidence by Eric Moore.(Goodwin,
Jamie) Docket text modified for clarity on 3/27/2023 (McManus, Caetlin).
(Entered: 03/24/2023)
03/29/2023 42 Set/Reset Hearings: Jury Trial set for 4/11/2023 09:00 AM in Courtroom 12 (in
person only) before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 03/29/2023)
03/31/2023 43 MOTION in Limine (Onmibus) by Industrial Demolition LLC. (Attachments: #
1 Exhibit 1 - Roberts Transcript, # 2 Exhibit 2 - Moore Transcript, # 3 Exhibit 3
- Interrogatory Answers, # 4 Exhibit 4 - NLRB Settlement, # 5 Exhibit 5 -
Payment)(Esposito, Alexa) (Entered: 03/31/2023)
04/04/2023 TRIAL BRIEF by Industrial Demolition LLC. (Attachments: # 1 Exhibit ] -
Deposition of Eric Moore, # 2 Moore Deposition Exhibit 2, # 3 Moore
Deposition Exhibit 3, # 4 Moore Deposition Exhibit 4, # 5 Moore Deposition
Exhibit 5, # 6 Moore Deposition Exhibit 6, #7 Moore Deposition Exhibit 7, # 8
Moore Deposition Exhibit 8)(Esposito, Alexa) (Entered: 04/04/2023)
04/05/2023 AS MOTION to Bifurcate Trial on Issue of Punitive Damages by Industrial
Demolition LLC.(Esposito, Alexa) (Entered: 04/05/2023)
04/05/2023 46 RESPONSE to Motion re 40 MOTION in Limine filed by Industrial Demolition
LLC. (Attachments: # 1 Exhibit Eric Moore Deposition)(Esposito, Alexa)
(Entered: 04/05/2023)
04/05/2023 AT Opposition re 45 MOTION to Bifurcate Trial on Issue of Punitive Damages
filed by Eric Moore. (Goodwin, Jamie) (Entered: 04/05/2023)
04/05/2023 48
a8 TRIAL BRIEF by Eric Moore. (Goodwin, Jamie) (Entered: 04/05/2023)
04/06/2023 49 Opposition re 43 MOTION in Limine (Omnibus) filed by Eric Moore.
(Goodwin, Jamie) (Entered: 04/06/2023)
04/07/2023 50 Proposed Jury Instructions by Eric Moore. (Goodwin, Jamie) (Entered:
04/07/2023)
04/07/2023 Si
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Docket Number 2381CV00374
Proposed Jury Instructions by Industrial Demolition LLC. (Esposito, Alexa)
(Entered: 04/07/2023)
04/07/2023 52 Proposed Jury Verdict by Industrial Demolition LLC. (Metzger, Thomas)
(Entered: 04/07/2023)
04/09/2023 53 MOTION for Leave to File Response in Support of Defendant Industrial
Demolition LLC's Onnibus Motion In Limine by Industrial Demolition LLC.
(Attachments: # 1 Exhibit A - Proposed Response)(Esposito, Alexa) (Entered:
04/09/2023)
04/09/2023 34
2 Proposed Voir Dire by Industrial Demolition LLC. (Esposito, Alexa) (Entered:
04/09/2023)
04/10/2023 55 Judge Rya W. Zobel: ENDORSED ORDER entered denying 45 Motion to
bifurcate trial (Urso, Lisa) (Entered: 04/10/2023)
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Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex
Docket Number 2381CV00374
EXHIBIT D
Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex.
Docket Number 2381CV00374
Subject: document request no. 1
From: Mark Stern
Sent: Sunday, April 16, 2023 2:41 PM
To: Allen, Alexa Esposito ; Santos, Asha A.
Cc: Alan Rom
Subject: document request no. 1
Counselors
Aresponse to my first document request was due on Monday and to the second document request Friday, facts you
generally concede in your motion:
Plaintiff’s First Request for Production of Documents March 10, 2023 April 12, 2023
Plaintiffs Second Request for Production of Documents March 14, 2023 April 14, 2023
You elected not to provide any objections you have other than attorney client privilege and work product, as I
requested, by the respective due dates .It is my position that:
1. Since your responses to the first and second discovery requests were due last week,
2. Since you did not file a request for any extension with the Court on the day[s] before the discovery was due.
[Sending a party a motion under 9A is not the same as filing with a court. and a motion filed later than a due date is not
for an extension, but for relief from a failure to comply with the rules of the court)
Notably, you had plenty of time to serve the motion on my client long enough in advance of the due date, to file it with
the court in a timely fashion, serving one at the last minute effectively deprives the Court of the opportunity to deny the
motion and to require you to make a timely response; alternatively, assuming you had good cause to not have done the
aforementioned, you could have filed a timely emergency motion.
Notwithstanding the facts above:
1. You chose to send me your motion it at the last minute.
2/ You elected not to file with the Court on an emergency, timely basis,
Despite this, | made generous offers to you to extend for a reasonable time your obligations to produce discovery. When
you rejected that without any discussion whatsoever, | took the extraordinary action of providing my opposition in one
business day, thus allowing you to function somewhat in good faith, that is,file the motion and opposition by the
discovery due date without terming it as an emergency motion and nonetheless thereby accord the Court the
opportunity to act by or near the due date, To that end, when | provided our opposition in a single business day, |
explicitly requested you file the motion with the court immediately, not holding it for up to ten days.
Date Filed 4/19/2023 11:50 AM
Superior Court - Middiesex
Docket Number 2381CV00374
You declined both to accept the terms | generously outlined therein and elected not to file the motion and opposition
before your objections were due. Therefore, | deem any objections as of this date waived and the production thereof
overdue, and reserve the right to seek to have any objections (other than attorney client privilege and work product)
stricken should you elect to make any at a later date.
If and when you file your motion and our opposition, please include this email in the packet you file with the Court.
Cordially, Mark Stern
Date Filed 4/19/2023 11:50 AM
Superior Court - Middlesex
Docket Number 2381CV00374
EXHIBIT E
Date Filed 4/19/2023 11:50 AM
Su rior Court - Middlesex.
Docket Number 2381CV00374
DOCKET NUMBER Trial Court of Massachusetts
CIVIL TRACKING ORDER
(STANDING ORDER 1- 88) 2381CV00374 The Superior Court
CASE NAME:
Michael A. Sullivan, Clerk of Court
Adriana Srinivasan vs. Cambridge Health Alliance
Middlesex County
TO: Mark David Stern, Esq. COURT NAME & ADDRESS
Middlesex County Superior Court - Woburn
Mark D. Stern P.C.
200 Trade Center
34 Liberty Ave
Woburn, MA 01801
Somerville, MA 02144
TRACKING ORDER -F - Fast Track
You are hereby notified that this case is on the track referenced above as per Superior Court Standing
Order 1-88. The order requires that the various stages of litigation described below must be completed not later
than the deadlines indicated.
TAGE. I DEADLINE
SERVED BY FILED BY HEARD BY
Service of process made and return filed with the Court 05/08/2023
a
Response to the complaint filed (also see MRCP 12) 06/06/2023
|All motions under MRCP 12, 19, and 20 oainerz023 07/06/2023 9/07/2028
|All motions under MRCP 15 06/06/2023 07/06/2023 08/07/2023
|All discovery requests and depositions served and non-expert
depositions completed
12/04/2023
|All motions under MRCP 56 01/02/2024 02/01/2024
Final pre-trial conference held and/or firm trial date set 05/31 2028
(Case shall be resolved and judgment shall issue by * -Jo2/05/2025
The final pre-trial deadline is not the scheduled date of the conference. You will be notified of that date at a later time.
Counsel for plaintiff must serve this tracking order on defendant before the deadline for filing return of service.
This case is assigned to
DATE ISSUED ASSISTANT CLERK PHONE
02/07/2023
DateTime Printed: 02-07-2023 09:59:05 ‘SEVOREN 0872018
Date Filed 4/19/2023 11:50 AM
‘Superior Court - Midd
Preview
Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex Docket Number 2381CV00374 4.2 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS Superior Court Civil Action No. 2381CV00374 ADRIANA SRINIVASAN, Plaintiff, RECEIVED Vv. 4/19/2023 CAMBRIDGE HEALTH ALLIANCE, Defendant. DEFENDANT CAMBRIDGE HEALTH ALLIANCE’S REPLY TO PLAINTIFF'S LIMITED OPPOSITI ENDANT’S Mi (ON FOR EXTENSI! OF TIME TO RESPOND TO PLAINTIFF’S WRITTEN DISCOVERY REQUESTS Defendant Cambridge Health Alliance (“CHA”) hereby provides its Reply to Plaintiff's April 10, 2023 Limited Opposition (the “Opposition’”) to Defendant’s Motion for Extension of Time to Respond (the “Motion”) to Plaintiffs Written Discovery Requests. L BACKGROUND Prior to seeking court intervention through its Motion, Defendant emailed Plaintiff's counsel seeking a request for an extension of time to respond to Plaintiff's three Requests for Production of Documents (collectively, “RFPDs”) and two sets of Interrogatories (collectively, “INTs”). In total, Plaintiff served 38 separate requests for documents and 9 interrogatories. Defendant sought an extension from Plaintiff because of a federal jury scheduled at the time the responses were due, among other reasons. In response, Plaintiff's counsel stated that he was agreeable to the request, only if Defendant provided its objections by the original due date. As Defendant’s counsel explained to Plaintiffs counsel, the very reason for the request was so that Defendant would have additional time to consider Plaintiff's RFPDs and INTS and so that counsel Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex Docket Number 2381CV00374 , could make determinations on what matters were objectionable. Defendant’s counsel explained to Plaintiff's counsel that their schedules (including a federal jury trial, which went forward) were among the reasons that compelled the request for this extension. On April 10, 2023, Plaintiff's counsel served Defendant with Plaintiff's Opposition via email. Exhibit A. In this email, Plaintiff's counsel requested that the 9A package be filed that same day as an Emergency Motion and questioned, without any basis, whether Defendant’s request for extension was made in good faith. See id. This request ignored the fact that Defendant has until April 24, 2023 to file its 9A package per Rule 9A (b)(2)(ii) and the discovery period closes eight months from now — in December 2023! Plaintiff's counsel had no legal authority to demand that Defendant’s counsel submit its 9A package earlier than required under Rule 9A, let alone as an Emergency Motion (which would not be filed through Rule 9A). Nor did Plaintiff's counsel provide any legitimate basis in fact for demanding this matter be resolved via Emergency Motion. In response to his email message, Plaintiff's counsel received an automated Outlook email message from one of Defendant’s attorneys who was preparing for and in trial the week of April 10 that indicated she would be slow to respond to email for this reason. Exhibit B. Plaintiff's counsel replied to this automated message stating, “This email did not work. Please have your associate file this package today for the reasons earlier requested,” implying that Defendant’s counsel dubiously set this automated Outlook message to fool Plaintiffs counsel into believing she had a conflict, which was not the case. Exhibit C.' 1 On Sunday, April 16, 2023, Plaintiff's counsel objected to Defendant’s decision not to oblige his request (made with no legal basis or authority) to file an Emergency Motion. Plaintiff’s counsel requested that Defendant include this email in its 9A package. Plaintiff's counsel’s April 16, 2023 email is attached herein as Exhibit D. -2- Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex Docket Number 2381CV00374 I. REPLY A. Defendant Complied With Rule 9A In her Opposition, Plaintiff states that Defendant failed to comply with Rule 9A because it failed to provide a separate memorandum in support of its Motion and failed to provide affidavits to support the Motion. This argument is flawed. Rule 9A requires that “Motion Papers” be served on all parties. Motion Papers are “(1) a separate memorandum stating the reasons, including supporting authorities, that the motion should be granted and (2) affidavits or other exhibits evidencing facts on which the motion is based.” Rule 9A(1) (emphasis added). Defendant served Plaintiff with its memorandum in support of its Motion. The opening paragraph of the Motion sent to Plaintiff's counsel clearly states that the document provided was “grounds for its Motion.” See Motion at 1. In addition, the Motion clearly states the reasons for why the motion should be granted. See generally Motion. Plaintiff's claim that Defendant failed to serve her with a memorandum to support its Motion is baseless. Moreover, Rule 9A(1) does not require affidavits where exhibits are attached to evidence the facts on which the motion is based. See Rule 9A(1). The “or” between the words “affidavits” and “exhibits” in the language of Rule 9A(1) makes this clear. Defendant did just that. With its memorandum in support of its motion, Defendant attached an Exhibit documenting its requests to Plaintiffs counsel for an extension of time, and reasons for the needed extension. See Motion Exhibit A. These exhibits clearly describe that Defendant and its counsel needed additional time to consider Plaintiff's RFPDs and INTS and to make determinations on what matters were objectionable. This Exhibit also demonstrates that Defendant sought court intervention only after Plaintiff's counsel declined to extend Defendant its requested extension. What counsel calls a “very generous response” to Defendant’s request amounted to unreasonable demands to provide objections to Plaintiff's written discovery by the very date for which Defendant’s counsel -3- Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex Docket Number 2381CV00374 1 requested an extension. B. Defendant Requested a Modest Extension Of Time To Provide Its Objection: And Responses To Written Discovery Plaintiff asserts that Defendant’s request is for an extraordinary amount of time and that “the Court should be mindful of expediting, not delaying [this case’s] resolution.” Opposition at 3-4. This argument ignores that the deadline for discovery in this case, as set forth by the Court in its February 2, 2023 tracking order, is December 4, 2023. Exhibit E. Defendant’s request for an extension of time, up to and including May 26, 2023, to provide its responses and objections to Plaintiff's written discovery request, is well in advance of the December 4 discovery deadline for this case and would not cause any undue delay. Plaintiff has failed to provide any legitimate reason why the extension that Defendant seeks would be prejudicial to Plaintiff or this case. UL. CONCLUSION For the reasons set forth in this Reply and in its Motion, Defendant respectfully requests that this Court grant its Request for Extension of Time up to and including May 26, 2023 to provide its responses and objections to Plaintiff's RFPDs and INTs. -4- Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex Docket Number 2381CV00374 Respectfully submitted, CAMBRIDGE HEALTH ALLIANCE By Its Attorneys, /s/ Alexa M. Esposito Asha A. Santos, Bar No. 670861 - asantos@littler.com | Alexa M. Esposito, Bar No. 698378 aesposito@littler.com LITTLER MENDELSON, P.C. One International Place Suite 2700 Boston, MA 02110 Telephone: 617.378.6000 Facsimile: 617.737.0052 Dated: April 19, 2023 -5- Date Filed 4/19/2023 11:50 AM ‘Superior Court - Middlesex Docket Number 2381CV00374 EXHIBIT A Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex Docket Number 2381CV00374 From: Mark Stern To: Allen, Alexa Esposito; Santos, AshaA, Subject: attached please find opposition to your motion Date: londay, April 10, 2023 9: 1 AM Attachments: mited Opposition to Mot o Extend im to Respond to Al D isco Re Reg sts.nd (EXTERNAL E-MAIL] Counselors If your motion is presented with any iota of good faith, I respectfully request you file the 9A package with the Court today and indicate it is an Emergency Motion for the reasons asserted in our opposition. Mark Stern Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex Docket Number 2381CV00374 EXHIBIT B Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex. Docket Number 2381CV00374 From: To: Allen, Alexa Esposito. Cc: apaulaskas@littler,com; Santos, Asha A,; Alan Rom Subject: Re: Automatic reply: attached please find opposition to your motion Date: Monday, April 10, 2023 10: AM Attachments: ntoM nd Tim 1 Respondto Discovery quests.pd This email did not work. Please have your associate file this package today for the reasons earlier requested. On 4/10/2023 9:37 AM, Allen, Alexa Esposito wrote: Thank you for your email. | am in a federal court jury trial this week, from April 10-14, 2023. | will have very limited access to e-mail during the day. If your message requires immediate assistance, please contact Amy Paulaskas at apaulaskas@littler.com. Thank you. mene neemenennnnnnnnnnnnnee This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. Littler Mendelson, P.C. is part of the international legal practice Littler Global, which operates worldwide through a number of separate legal entities. Please visit www. littler.com for more information. Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex. Docket Number 2381CV00374 EXHIBIT C Date Filed 4/1 Page 1 of 7 Superior Courtsegepee * ANSDC Massachusett... 13:14:13 PM Docket Number 2381CV00374 Query Reports Utilities Help Log Out United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:22-cv-10414-RWZ Moore v. Industrial Demolition LLC et al Date Filed: 03/17/2022 Assigned to: Judge Rya W. Zobel Jury Demand: Plaintiff Demand: $75,000 Nature of Suit: 442 Civil Rights: Jobs Case in other court: Bristol Superior Court, 2173C V00859 Jurisdiction: Diversity Cause: 28:1446 Notice of Removal Plaintiff Eric Moore represented by Jamie Goodwin Duddy, Goodwin & Pollard 2 Liberty Sq, 10th Floor Boston, MA 02109 508-523-2632 Email: jg@dgpfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Turiello Duddy, Goodwin & Pollard 446 Main Street, 16th Floor Worchester 01608 (860) 999-9394 Email: mt@dgpfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul M. Facklam , Jr. Duddy Goodwin & Pollard 2 Center Plaza Suite 610 Boston, MA 02131 860-999-9394 Fax: 617-843-9322 Email: pmf@dgpfirm.com ATTORNEY TO BE NOTICED Samuel A. Kennedy-Smith Lewis Brisbois Bisgaard & Smith 1 Citizens Plaza, Suite 1120 Providence, RI 02903 401-406-3310 https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.pl?139756277772074-L_1_0-1 4/10/2023 Date Filed 4/1 Superior CourtSeRB RE AMJSDC Massachusett. 13:14:13 PM Page 2 of 7 Docket Number 2381CV00374 Email: sks@dgpfirm.com ATTORNEY TO BE NOTICED Vv. Defendant Industrial Demolition LLC represented by Thomas M.L. Metzger Littler Mendelson, P.C. 41 South High Street Suite 3250 Columbus, OH 43215 614-463-4216 Fax: 614-573-9795 Email: tmetzger@littler.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Alexa Marie Esposito Littler Mendelson P.C. One International Place Suite 2700 Boston, MA 02110 617-378-6000 Email: aesposito@littler.com ATTORNEY TO BE NOTICED Defendant Michael J. Roberts represented by Thomas M.L. Metzger TERMINATED: 07/26/2022 (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Alexa Marie Esposito (See above for address) ATTORNEY TO BE NOTICED Email All Attorneys Email All Attorneys and Additional Recipients | Date Filed # | Docket Text 03/17/2022 1 | NOTICE OF REMOVAL by Industrial Demolition LLC, Michael J. Roberts ( Filing fee: $ 402, receipt number AMADC-9230597 Fee Status: Filing Fee paid) (Attachments: # 1 Exhibit A - State Court Documents, # 2 Exhibit B - Notice of Filing Notice of Removal, # 3 Civil Cover Sheet, # 4 Civil Category Form)(Esposito, Alexa) (Entered: 03/17/2022) https://ecf.mad.uscourts. gov/egi-bin/DktRpt.pl?139756277772074-L_1_0-1 4/10/2023 Date Filed arigga ‘Superior Court = Mee UsDC Massachusett... 13:14:13 PM Page 3 of 7 Docket Number 2381CV00374 03/17/2022 NOTICE of Appearance by Alexa Marie Esposito on behalf of Industrial Demolition LLC, Michael J. Roberts (Esposito, Alexa) (Entered: 03/17/2022) 03/17/2022 ELECTRONIC NOTICE of Case Assignment. Judge Rya W. Zobel assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) (Entered: 03/17/2022) 03/17/2022 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (McManus, Caetlin) (Entered: 03/17/2022) 03/23/2022 Assented to MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Industrial Demolition LLC, Michael J. Roberts.(Esposito, Alexa) (Entered: 03/23/2022) 03/23/2022 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 5 Motion for Extension of Time to Answer re 5 Assented to MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint All Defendants. (Urso, Lisa) (Entered: 03/23/2022) 03/30/2022 STATE COURT Record. (Attachments: # 1 Certificate of Service)(Esposito, Alexa) (Entered: 03/30/2022) 04/14/2022 MOTION to Dismiss by Industrial Demolition LLC.(Esposito, Alexa) (Entered: 04/14/2022) 04/14/2022 MEMORANDUM in Support re 8 MOTION to Dismiss filed by Industrial Demolition LLC. (Attachments: # 1 Exhibit A - NLRB Case, # 2 Exhibit B - Settlement)(Esposito, Alexa) (Entered: 04/14/2022) 04/14/2022 10 MOTION to Dismiss by Michael J. Roberts.(Esposito, Alexa) (Entered: 04/14/2022) 04/14/2022 li MEMORANDUM in Support re 10 MOTION to Dismiss filed by Michael J. Roberts. (Attachments: # 1 Declaration of Michael J. Roberts)(Esposito, Alexa) (Entered: 04/14/2022) 04/19/2022 12 NOTICE of Appearance by Samuel A. Kennedy-Smith on behalf of Eric Moore (Kennedy-Smith, Samuel) (Entered: 04/19/2022) 04/25/2022 13 First MOTION for Extension of Time to May 12, 2022 to Oppose Pending MTDs by Eric Moore.(Kennedy-Smith, Samuel) (Entered: 04/25/2022) 04/29/2022 4 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 13 Motion for Extension of Time to 5/12/22. (Urso, Lisa) (Entered: 04/29/2022) 05/04/2022 15 First Opposition re 8 MOTION to Dismiss of Industrial Demolition filed by Eric Moore. (Attachments: # 1 Memorandum in support, # 2 Exhibit Exhibit A, #3 Exhibit Exhibit B, # 4 Exhibit Exhibit C)(Kennedy-Smith, Samuel) (Entered: 05/04/2022) 05/04/2022 16 First MEMORANDUM in Opposition re 10 MOTION to Dismiss of Roberts filed by Eric Moore. (Attachments: # 1 Memorandum in support, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C)(Kennedy-Smith, Samuel) (Entered: 05/04/2022) https://ecf.mad_uscourts.gov/cgi-bin/DktRpt.pl?139756277772074-L_1_0-1 4/10/2023 Date Filed 4/19; Page 4 of 7 ‘Superior Court CRP RCE AMISDC Massachusett... 13:14:13 PM Docket Number 2381CV00374 05/17/2022 17 Assented to MOTION for Leave to File Leave to File Reply in Support of Individual Defendant Michael J. Roberts' Motion to Dismiss by Michael J. Roberts.(Esposito, Alexa) (Enitered: 05/17/2022) 05/24/2022 18 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting17 Assented to MOTION for Leave to File Leave to File Reply in Support of Individual Defendant Michael J. Roberts' Motion to Dismiss; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Pezzarossi, Lisa) (Entered: 05/24/2022) 05/26/2022 19 REPLY to Response to 10 MOTION to Dismiss filed by Michael J. Roberts. (Esposito, Alexa) (Entered: 05/26/2022) 06/15/2022 20 ELECTRONIC NOTICE Setting Hearing on Motion 10 MOTION to Dismiss , 8 MOTION to Dismiss : Motion Hearing set for 6/29/2022 02:30 PM in Courtroom 12 (In person only) before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 06/15/2022) 06/15/2022 21 ELECTRONIC NOTICE Resetting Hearing on Motion 10 MOTION to Dismiss , 8 MOTION to Dismiss : Motion Hearing REset for 7/14/2022 02:30 PM in Courtroom 12 (In person only) before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 06/15/2022) 06/28/2022 22 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Thomas M. L. Metzger Filing fee: $ 100, receipt number AMADC-9388463 by Industrial Demolition LLC, Michael J. Roberts. (Attachments: # 1 Exhibit A - Affidavit)(Esposito, Alexa) (Entered: 06/28/2022) 06/28/2022 23 Judge Rya W. Zobel: ELECTRONIC ORDER entered ALLOWING 22 Motion for Leave to Appear Pro Hac Vice Added Thomas ML. Metzger. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-curent-pacer- accounts. htm#link-account. (Warnock, Douglas) (Entered: 06/28/2022) 07/14/2022 24 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel: Motion Hearing held on 7/14/2022 re 10 MOTION to Dismiss filed by Michael J. Roberts, 8 MOTION to Dismiss filed by Industrial Demolition LLC. Judge hears parties and takes motions under advisement; (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attomeys present: Kennedy-Smith, Metger & Esposito) (Urso, Lisa) (Entered: 07/14/2022) 07/26/2022 25 Judge Rya W. Zobel: ENDORSED ORDER entered granting as to Count 7 and denying as to all other counts 8 Motion to Dismiss; granting 10 Motion to https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.p1?139756277772074-L_1_0-1 4/10/2023 Date Filed 4/1 Pera Ree AMJSDC ‘Superior Court = Massachusett... 13:14:13 PM Page 5 of 7 Docket Number 2381CV00374 Dismiss without prejudice (Urso, Lisa) Modified on 7/26/2022 (Urso, Lisa). (Entered: 07/26/2022) 07/29/2022 26 Assented to MOTION for Extension of Time to August 22, 2022 to File Answer by Industrial Demolition LLC.(Esposito, Alexa) (Entered: 07/29/2022) 08/22/2022 27 Defendant Industrial Demolition's ANSWER to Complaint of Plaintiff Eric Moore by Industrial Demolition LLC.(Esposito, Alexa) (Entered: 08/22/2022) 08/23/2022 28 ELECTRONIC NOTICE of Scheduling ConferenceFurther Scheduling Conference set for 9/7/2022 02:00 PM before Judge Rya W. Zobel. (by phone) (Urso, Lisa) (Entered: 08/23/2022) 08/31/2022 29 ae JOINT STATEMENT re scheduling conference . (Esposito, Alexa) (Entered: 08/3 1/2022) 09/07/2022 30 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel: Further Scheduling Conference held on 9/7/2022, ( Final Pretrial Conference set for 3/22/2023 02:00 PM before Judge Rya W. Zobel., Jury Trial set for 4/11/2023 09:00 AM in Courtroom 12 (In person only) before Judge Rya W. Zobel.). 2 days (Court Reporter: No Court Reporter Used.)(Attorneys present: Kennedy-Smith & Esposito) (Urso, Lisa) (Entered: 09/08/2022) 12/01/2022 31 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 26 Motion for Extension of Time to Answer re 26 Assented to MOTION for Extension of Time to August 22, 2022 to File Answer Industrial Demolition LLC answer due 8/22/2022. (Urso, Lisa) (Entered: 12/01/2022) 01/17/2023 32 NOTICE of Appearance by Paul M. Facklam, Jr on behalf of Eric Moore (Facklam, Paul) (Entered: 01/17/2023) 03/15/2023 33 22 First MOTION to Amend Complaint by Eric Moore.(Goodwin, Jamie) (Entered: 03/15/2023) 03/15/2023 34 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Turiello Filing fee: $ 125, receipt number AMADC-9761558 by Eric Moore.(Goodwin, Jamie) (Entered: 03/15/2023) 03/15/2023 35 Joint MOTION for Extension of Time to 03/17/2023 to File Pretrial Memorandum by Eric Moore.(Goodwin, Jamie) (Entered: 03/15/2023) 03/17/2023 36 AFFIDAVIT of Michael Turiello in Support re 34 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Turiello Filing fee: $ 125, receipt number AMADC-9761558 filed by Eric Moore. (Warnock, Douglas) (Entered: 03/17/2023) 03/17/2023 37 Judge Rya W. Zobel: ELECTRONIC ORDER entered ALLOWING 34 Motion for Leave to Appear Pro Hac Vice Added Michael Turiello. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.pl?139756277772074-L_1_0-1 4/10/2023 ‘Superior Court Segre ANUSDC Massachusett... Date Filed 4/1 $ 13:14:13 PM Page 6 of 7 Docket Number 2381CV00374 https:/Awww.mad.uscourts.gov/caseinfo/nextgen-current-pacer- accounts.htm#t account. (Warnock, Douglas) (Entered: 03/17/2023) 03/17/2023 38 PRETRIAL MEMORANDUM by Eric Moore. (Goodwin, Jamie) (Entered: 03/17/2023) 03/22/2023 39 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel: Final Pretrial Conference held on 3/22/2023, ( Jury Trial set for 4/10/2023 09:00 AM in Courtroom 12 (In person only) before Judge Rya W. Zobel.). 1 week; 10 jurors; question and requests by 4/7/23; (Court Reporter: None.)(Attorneys present: Goodwin, Metzger & Espisito) (Urso, Lisa) (Entered: 03/22/2023) 03/22/2023 Al Judge Rya W. Zobel: ELECTRONIC ORDER entered denying 33 Motion to Amend; granting 35 Motion for Extension of Time (Urso, Lisa) (Entered: 03/27/2023) 03/24/2023 AQ aw MOTION in Limine to Exclude Certain Evidence by Eric Moore.(Goodwin, Jamie) Docket text modified for clarity on 3/27/2023 (McManus, Caetlin). (Entered: 03/24/2023) 03/29/2023 42 Set/Reset Hearings: Jury Trial set for 4/11/2023 09:00 AM in Courtroom 12 (in person only) before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 03/29/2023) 03/31/2023 43 MOTION in Limine (Onmibus) by Industrial Demolition LLC. (Attachments: # 1 Exhibit 1 - Roberts Transcript, # 2 Exhibit 2 - Moore Transcript, # 3 Exhibit 3 - Interrogatory Answers, # 4 Exhibit 4 - NLRB Settlement, # 5 Exhibit 5 - Payment)(Esposito, Alexa) (Entered: 03/31/2023) 04/04/2023 TRIAL BRIEF by Industrial Demolition LLC. (Attachments: # 1 Exhibit ] - Deposition of Eric Moore, # 2 Moore Deposition Exhibit 2, # 3 Moore Deposition Exhibit 3, # 4 Moore Deposition Exhibit 4, # 5 Moore Deposition Exhibit 5, # 6 Moore Deposition Exhibit 6, #7 Moore Deposition Exhibit 7, # 8 Moore Deposition Exhibit 8)(Esposito, Alexa) (Entered: 04/04/2023) 04/05/2023 AS MOTION to Bifurcate Trial on Issue of Punitive Damages by Industrial Demolition LLC.(Esposito, Alexa) (Entered: 04/05/2023) 04/05/2023 46 RESPONSE to Motion re 40 MOTION in Limine filed by Industrial Demolition LLC. (Attachments: # 1 Exhibit Eric Moore Deposition)(Esposito, Alexa) (Entered: 04/05/2023) 04/05/2023 AT Opposition re 45 MOTION to Bifurcate Trial on Issue of Punitive Damages filed by Eric Moore. (Goodwin, Jamie) (Entered: 04/05/2023) 04/05/2023 48 a8 TRIAL BRIEF by Eric Moore. (Goodwin, Jamie) (Entered: 04/05/2023) 04/06/2023 49 Opposition re 43 MOTION in Limine (Omnibus) filed by Eric Moore. (Goodwin, Jamie) (Entered: 04/06/2023) 04/07/2023 50 Proposed Jury Instructions by Eric Moore. (Goodwin, Jamie) (Entered: 04/07/2023) 04/07/2023 Si https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.p1?139756277772074-L_1_0-1 4/10/2023 Date Filed 4/ 19 Page 7 of 7 ‘Superior Court = NE AMISDC Massachusett... 13:14:13 PM. Docket Number 2381CV00374 Proposed Jury Instructions by Industrial Demolition LLC. (Esposito, Alexa) (Entered: 04/07/2023) 04/07/2023 52 Proposed Jury Verdict by Industrial Demolition LLC. (Metzger, Thomas) (Entered: 04/07/2023) 04/09/2023 53 MOTION for Leave to File Response in Support of Defendant Industrial Demolition LLC's Onnibus Motion In Limine by Industrial Demolition LLC. (Attachments: # 1 Exhibit A - Proposed Response)(Esposito, Alexa) (Entered: 04/09/2023) 04/09/2023 34 2 Proposed Voir Dire by Industrial Demolition LLC. (Esposito, Alexa) (Entered: 04/09/2023) 04/10/2023 55 Judge Rya W. Zobel: ENDORSED ORDER entered denying 45 Motion to bifurcate trial (Urso, Lisa) (Entered: 04/10/2023) PACER Service Center | Transaction Receipt L 04/10/2023 13:14:08 _| PACER Login:| fambuckingham| |Client Code: I |Description: [Docket Report |[Search Criteria:|[1:22-cv-10414-RWZ| [Billable Pages: |[5 |[Cost: |[o.so https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.pl?139756277772074-L_1_0-1 4/10/2023 Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex Docket Number 2381CV00374 EXHIBIT D Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex. Docket Number 2381CV00374 Subject: document request no. 1 From: Mark Stern Sent: Sunday, April 16, 2023 2:41 PM To: Allen, Alexa Esposito ; Santos, Asha A. Cc: Alan Rom Subject: document request no. 1 Counselors Aresponse to my first document request was due on Monday and to the second document request Friday, facts you generally concede in your motion: Plaintiff’s First Request for Production of Documents March 10, 2023 April 12, 2023 Plaintiffs Second Request for Production of Documents March 14, 2023 April 14, 2023 You elected not to provide any objections you have other than attorney client privilege and work product, as I requested, by the respective due dates .It is my position that: 1. Since your responses to the first and second discovery requests were due last week, 2. Since you did not file a request for any extension with the Court on the day[s] before the discovery was due. [Sending a party a motion under 9A is not the same as filing with a court. and a motion filed later than a due date is not for an extension, but for relief from a failure to comply with the rules of the court) Notably, you had plenty of time to serve the motion on my client long enough in advance of the due date, to file it with the court in a timely fashion, serving one at the last minute effectively deprives the Court of the opportunity to deny the motion and to require you to make a timely response; alternatively, assuming you had good cause to not have done the aforementioned, you could have filed a timely emergency motion. Notwithstanding the facts above: 1. You chose to send me your motion it at the last minute. 2/ You elected not to file with the Court on an emergency, timely basis, Despite this, | made generous offers to you to extend for a reasonable time your obligations to produce discovery. When you rejected that without any discussion whatsoever, | took the extraordinary action of providing my opposition in one business day, thus allowing you to function somewhat in good faith, that is,file the motion and opposition by the discovery due date without terming it as an emergency motion and nonetheless thereby accord the Court the opportunity to act by or near the due date, To that end, when | provided our opposition in a single business day, | explicitly requested you file the motion with the court immediately, not holding it for up to ten days. Date Filed 4/19/2023 11:50 AM Superior Court - Middiesex Docket Number 2381CV00374 You declined both to accept the terms | generously outlined therein and elected not to file the motion and opposition before your objections were due. Therefore, | deem any objections as of this date waived and the production thereof overdue, and reserve the right to seek to have any objections (other than attorney client privilege and work product) stricken should you elect to make any at a later date. If and when you file your motion and our opposition, please include this email in the packet you file with the Court. Cordially, Mark Stern Date Filed 4/19/2023 11:50 AM Superior Court - Middlesex Docket Number 2381CV00374 EXHIBIT E Date Filed 4/19/2023 11:50 AM Su rior Court - Middlesex. Docket Number 2381CV00374 DOCKET NUMBER Trial Court of Massachusetts CIVIL TRACKING ORDER (STANDING ORDER 1- 88) 2381CV00374 The Superior Court CASE NAME: Michael A. Sullivan, Clerk of Court Adriana Srinivasan vs. Cambridge Health Alliance Middlesex County TO: Mark David Stern, Esq. COURT NAME & ADDRESS Middlesex County Superior Court - Woburn Mark D. Stern P.C. 200 Trade Center 34 Liberty Ave Woburn, MA 01801 Somerville, MA 02144 TRACKING ORDER -F - Fast Track You are hereby notified that this case is on the track referenced above as per Superior Court Standing Order 1-88. The order requires that the various stages of litigation described below must be completed not later than the deadlines indicated. TAGE. I DEADLINE SERVED BY FILED BY HEARD BY Service of process made and return filed with the Court 05/08/2023 a Response to the complaint filed (also see MRCP 12) 06/06/2023 |All motions under MRCP 12, 19, and 20 oainerz023 07/06/2023 9/07/2028 |All motions under MRCP 15 06/06/2023 07/06/2023 08/07/2023 |All discovery requests and depositions served and non-expert depositions completed 12/04/2023 |All motions under MRCP 56 01/02/2024 02/01/2024 Final pre-trial conference held and/or firm trial date set 05/31 2028 (Case shall be resolved and judgment shall issue by * -Jo2/05/2025 The final pre-trial deadline is not the scheduled date of the conference. You will be notified of that date at a later time. Counsel for plaintiff must serve this tracking order on defendant before the deadline for filing return of service. This case is assigned to DATE ISSUED ASSISTANT CLERK PHONE 02/07/2023 DateTime Printed: 02-07-2023 09:59:05 ‘SEVOREN 0872018 Date Filed 4/19/2023 11:50 AM ‘Superior Court - Midd