On April 21, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Avila, John B,
Sheridan, Richard,
and
Legare, Robert,
Town Of Orange Board Of Health,
for Actions Involving the State/Municipality
in the District Court of Franklin County.
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Date Filed 8/28/2023 12:45 PM
Superior Court - Franklin
Docket Number 2078CV00019
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
FRANKLIN, ss. CIVIL ACTION NO. 2078CV00019
RICHARD SHERIDAN, PERSONAL
REPRESENTATIVE FOR THE ESTATE
A
We
OF JOHN B. AVILA AND AS TRUSTEE
475 EAST MAIN STREET AVILA
REALTY TRUST,
Plaintiffs
(6? »
v
TOWN OF ORANGE, BOARD OF
4
HEALTH AND BUILDING INSPECTOR
ROBERT LAGARE,
Defendants
JOINT MOTION TO CONTINUE TRACKING ORDER DEADLINES
Now come the parties and move this Honorable Court to continue the tracking order
deadlines.
On April 24, 2023, the parties attended a scheduling conference in this matter via zoom
before Judge Agostini (The case had been on hold while a personal representative was being
appointed following the death of original plaintiff John Avila.) At the scheduling conference,
defendants’ and plaintiff's counsel understood the Court to set the following agreed pretrial
deadlines’:
. August 31, 2023 for close of fact discovery
. October 30, 2023 for service of Rule 56 Motions
' Notes taken by defendants’ and plaintiffs counsel during the scheduling conference reflect these dates.
103034518
lo
Date Filed 8/28/2023 fos PM
‘Superior Court - Franklin
Docket Number 2078¢v00019
t
|
i e November 30, 2023 for filing of Rule 56 Motions
|
No date for Rule 56 hearings was set.
In the course of reviewing the docket in this matter, defendants’ counsel noticed that the
docket reflects dates and deadlines which differ from those both counsel understood to be effective
based on the April 24 scheduling conference. Specifically, the current docket lists the Rule 56
“file by” date as October 9, 2023 and a Rule 56 hearing date of November 30, 2023. However,
the dates reflected on the current docket do not allow sufficient time for the preparation and service
of Rule 56 motions and oppositions after the discovery deadline.
' After Richard Sheridan became the plaintiffs’ representative in this case, time was needed
for him to complete responses to the interrogatories and request for production of documents that
|
were originally served upon John Avila while he was alive. Mr. Sheridan’s deposition was then
Started on August 10, 2023, but could not be completed in the amount of time plaintiffs counsel
|
had available that day. Therefore, the deposition has been rescheduled for September 13, 20223.
So that sufficient time is available to complete discovery and file Rule 56 motions, the parties
Fequest that the court modify the tracking order deadlines as follows:
e September 29, 2023 for close of fact discovery
e November 29, 2023 for service of Rule 56 Motions’
e December 29, 2023 for filing of Rule 56 Motions
WHEREFORE, the parties respectfully move this Honorable Court for an Order amending
the pre-trial scheduling order to reflect the above agreed-upon dates.
103034518
i
1
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Date Filed 8/28/2023 4248 PM a
Superior Court - Franklin
Docket Number 2orapvaont 9 ~ NA
:
1
1
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The Plaintiff, The Defendants
By His Attorneys, By Their Attorneys,
/s/ Elliott M. Loew /s/ Carole Sakowski Lynch
Elliott M. Loew, BBO# 303200 Carole Sakowski Lynch, BBO #547718
343 Washington Street, Suite 200 clynch@morrisonmahoney.com
lewton, MA 02458 MORRISON MAHONEY LLP
617-969-2660 1500 Main Street, Suite 2400
617-964-8676 - FAX. Post Office Box 15387
emlpc@comcast.net Springfield, MA 01115-5387
Phone: 413-737-4373
Fax: 413-739-3125
CERTIFICATE OF SERVICE
I, Carole Sakowski Lynch, attorney for the defendants, hereby certify that I have this day
served the foregoing Joint Motion to Continue Tracking Order Deadlines to all parties in this
action by serving same via e-mail to:
Elliott M. Loew, BBO# 303200
343 Washington Street, Suite 200
Newton, MA 02458
emlpc@comicast.ne
Date: __ August 28, 2023 /s/ Carole Sakowski Lynch
Carole Sakowski Lynch
103034518
Document Filed Date
September 06, 2023
Case Filing Date
April 21, 2020
Category
Actions Involving the State/Municipality
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Date Filed 8/28/2023 12:45 PM Superior Court - Franklin Docket Number 2078CV00019 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT FRANKLIN, ss. CIVIL ACTION NO. 2078CV00019 RICHARD SHERIDAN, PERSONAL REPRESENTATIVE FOR THE ESTATE A We OF JOHN B. AVILA AND AS TRUSTEE 475 EAST MAIN STREET AVILA REALTY TRUST, Plaintiffs (6? » v TOWN OF ORANGE, BOARD OF 4 HEALTH AND BUILDING INSPECTOR ROBERT LAGARE, Defendants JOINT MOTION TO CONTINUE TRACKING ORDER DEADLINES Now come the parties and move this Honorable Court to continue the tracking order deadlines. On April 24, 2023, the parties attended a scheduling conference in this matter via zoom before Judge Agostini (The case had been on hold while a personal representative was being appointed following the death of original plaintiff John Avila.) At the scheduling conference, defendants’ and plaintiff's counsel understood the Court to set the following agreed pretrial deadlines’: . August 31, 2023 for close of fact discovery . October 30, 2023 for service of Rule 56 Motions ' Notes taken by defendants’ and plaintiffs counsel during the scheduling conference reflect these dates. 103034518 lo Date Filed 8/28/2023 fos PM ‘Superior Court - Franklin Docket Number 2078¢v00019 t | i e November 30, 2023 for filing of Rule 56 Motions | No date for Rule 56 hearings was set. In the course of reviewing the docket in this matter, defendants’ counsel noticed that the docket reflects dates and deadlines which differ from those both counsel understood to be effective based on the April 24 scheduling conference. Specifically, the current docket lists the Rule 56 “file by” date as October 9, 2023 and a Rule 56 hearing date of November 30, 2023. However, the dates reflected on the current docket do not allow sufficient time for the preparation and service of Rule 56 motions and oppositions after the discovery deadline. ' After Richard Sheridan became the plaintiffs’ representative in this case, time was needed for him to complete responses to the interrogatories and request for production of documents that | were originally served upon John Avila while he was alive. Mr. Sheridan’s deposition was then Started on August 10, 2023, but could not be completed in the amount of time plaintiffs counsel | had available that day. Therefore, the deposition has been rescheduled for September 13, 20223. So that sufficient time is available to complete discovery and file Rule 56 motions, the parties Fequest that the court modify the tracking order deadlines as follows: e September 29, 2023 for close of fact discovery e November 29, 2023 for service of Rule 56 Motions’ e December 29, 2023 for filing of Rule 56 Motions WHEREFORE, the parties respectfully move this Honorable Court for an Order amending the pre-trial scheduling order to reflect the above agreed-upon dates. 103034518 i 1 | Date Filed 8/28/2023 4248 PM a Superior Court - Franklin Docket Number 2orapvaont 9 ~ NA : 1 1 | The Plaintiff, The Defendants By His Attorneys, By Their Attorneys, /s/ Elliott M. Loew /s/ Carole Sakowski Lynch Elliott M. Loew, BBO# 303200 Carole Sakowski Lynch, BBO #547718 343 Washington Street, Suite 200 clynch@morrisonmahoney.com lewton, MA 02458 MORRISON MAHONEY LLP 617-969-2660 1500 Main Street, Suite 2400 617-964-8676 - FAX. Post Office Box 15387 emlpc@comcast.net Springfield, MA 01115-5387 Phone: 413-737-4373 Fax: 413-739-3125 CERTIFICATE OF SERVICE I, Carole Sakowski Lynch, attorney for the defendants, hereby certify that I have this day served the foregoing Joint Motion to Continue Tracking Order Deadlines to all parties in this action by serving same via e-mail to: Elliott M. Loew, BBO# 303200 343 Washington Street, Suite 200 Newton, MA 02458 emlpc@comicast.ne Date: __ August 28, 2023 /s/ Carole Sakowski Lynch Carole Sakowski Lynch 103034518