Motion,Ex Parte: Stepien, Emily vs. R.K. Wheeler, LLC et al

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                                Date Filed 9/19/2022 2:32 PM
Superior Court - Middlesex
Docket Number 2181CV00681
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                                           COMMONWEALTH OF MASSACHUSETTS

                 MIDDLESEX, ss.                                        SUPERIOR COURT DEPT.
                                                                       LOWELL DIVISION
                                                                       CIVIL ACTION NO. 2181CV00681

                 EMILY STEPIEN,                                        )
                                                                       )
                                         Plaintiff,                    )
                                                                       )
                 V.                                                    )
                                                                       )                       9/19/2022
                 R.K. WHEELER, LLC and 18100 COLLINS                   )
                 AVENUE SHOPPING CENTER, LIMITED                       )
                 PARTNERSHIP and APPLE NEW ENGLAND                     )
                 LLC d/b/a APPLEBEE’S GRILL + BAR,                     )
                                                                       )
                                         Defendants.                   )


                           JOINT MOTION TO EXTEND CIVIL TRACKING ORDER DEADLINES

                      NOW COME the Parties to the above-captioned matter and respectfully request that this Court

                 extend the deadlines set forth in the Civil Tracking Order and to continue the Final Pre-Trial

                 Conference currently scheduled for March 16, 2023. As grounds for the Motion, the Parties state

                 the following.

                      1. The Defendants, R.K. Wheeler, LLC, and 18100 Collins Avenue Shopping Center, Limited
                         Partnership, have a pending Partial Motion to Dismiss pursuant to Rule 12(b)(6) of the
                         Massachusetts Rules of Civil Procedure. The hearing is scheduled for November 2, 2022.

                      2. The Defendant, Apple New England LLC, has a pending Partial Motion for Judgment on
                         the Pleadings pursuant to Rule 12(c). The hearing is scheduled for November 2, 2022.

                      3. The parties have nearly completed written discovery, including the exchange of document
                         responses and answers to interrogatories, notwithstanding the pending Partial Motion to
                         Dismiss and Partial Motion for Judgment on the Pleadings. Additionally, the parties have
                         begun scheduling depositions.

                      4. In order to complete the foregoing, the Parties are requesting an extension of the deadlines
                         set forth in the Civil Tracking Order.

                      5. No trial date has been set.
Date Filed 9/19/2022 2:32 PM
Superior Court - Middlesex
Docket Number 2181CV00681




                      6. This request will not cause any prejudice to any other party and is in the interest of judicial
                         economy.


                                         REQUEST FOR EXTENSION OF DEADLINES

                      Based on the foregoing, the Parties request the deadlines be extended as follows:

                 Event                               Current Deadline or Date            Proposed Deadline
                 All discovery requests and          9/19/2022                           12/31/2022
                 depositions served and non-
                 expert depositions completed
                 All motions under MRCP 56           Served By: 10/19/2022               Served By: 1/31/2023
                                                     Filed By: 11/16/2022                Filed By: 3/2/2023
                 Final Pre-Trial Conference held     3/16/2023                           4/16/2023
                 and/or firm trial date set


                                                            CONCLUSION

                      WHEREFORE, the parties respectfully request that the Court extend the deadlines set forth in

                 the Civil Tracking Order, as outlined above.

                 Respectfully submitted,

                   PLAINTIFF,                                           DEFENDANTS,
                   EMILY STEPIEN                                        APPLE NEW ENGLAND LLC,
                                                                        R.K. WHEELER, LLC, and 18100
                                                                        COLLINS AVENUE SHOPPING
                                                                        CENTER, LIMITED PARTNERSHIP


                   By: /s/ Michael T. Lennon                            By: /s/ Peter E. Garvey
                   Michael T. Lennon, Esq. (BBO #648186)                Peter E. Garvey, Esq. (BBO #569133)
                   The Lennon Law Firm                                  Higgins, Cavanaugh & Cooney, LLP
                   4 High Street, Suite 304                             10 Dorrance Street, Suite 400
                   North Andover, MA 01845                              Providence, RI 02903
                   Phone (617)263-0001                                  Phone (401) 272-3500
                   mlennon@thelennonlawfirm.com                         pgarvey@hcc-law.com




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Date Filed 9/19/2022 2:32 PM
Superior Court - Middlesex
Docket Number 2181CV00681




                                                  CERTIFICATE OF SERVICE

                          I hereby certify that on the 19th day of September 2022:

                 X I filed and served this document through the Massachusetts Judiciary Electronic Filing System
                 on the following parties:

                                                      Michael T. Lennon, Esq.

                 The document electronically filed and served is available for viewing and/or downloading from
                 the Massachusetts Judiciary’s Electronic Filing System.


                                                               /s/Adrianna Hughes
                                                               Adrianna Hughes, Esq. (BBO #698806)




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