On September 01, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Coakley-Rivera, Cheryl,
Potter, Judith,
and
Bello, John,
Carey, Paula,
Gladstone, Carol,
O'Brien, Charles,
for Equitable Remedies
in the District Court of Hampden County.
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COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, ss. SUPERIOR COURT DEPT.
CIVIL ACTION NO. 2179CV00451
~ ~ sins ~ i ws ~ ~ ~ os
REGISTRAR OF DEEDS CHERYL COAKLEY-
RIVERA, Individually and on Behalf of All Other
Persons Similarly Situated, JUDITH POTTER,
Individually and on Behalf of All Other Persons
Similarly Situated
Plaintiff,
09/01/2021
Vv.
PAULA CAREY, in her capacity as CHIEF
JUSTICE OF ADMINISTRATION AND
MANAGEMENT; JOHN BELLO, in his capacity as
COURT ADMINISTRATOR OF THE |
MASSACHUSETTS TRIAL COURTS; CHARLES |
O’BRIEN, in his capacity as DIRECTOR OF
FACILITIES MANAGEMENT AND CAPITAL
PLANNING DEPARTMENT OF ‘THE ‘TRIAL
COURT; and CAROL GLADSTONE, in her
capacity as COMMISSIONER OF the DIVISION
OF CAPITAL ASSET MANAGEMENT
nr a _Defendants_ _
PLAINTIFFS’ EX-PARTE MOTION FOR TEMPORARY RESTRAINING ORDER
AND/OR PRELIMINARY INJUNCTION
Plaintiffs hereby moves this honorable Court to issue a temporary restraining order and/or
preliminary injunction ordering Defendants to:
l.enter a temporary restraining order that the Roderick L. Ireland Courthouse be
immediately closed and employees ordered to vacate the inadequate, unsafe, and
life-threatening facilities which are causing or have the potential to cause severe
adverse health effects.
2.Enter a temporary restraining order preventing Defendants from ordering
employees and members of the public to enter the Roderick L. Ireland Courthouse
until an independent environmental study can be completed to determine the
safety of the Courthouse;
3.Order an infrared/thermal inspection be completed of the entire Courthouse to
determine whether moisture is actually present behind the walls;
4.Order Defendants to conduct Occupational Health Evaluations as discussed in the
EH&E Report;
5.Order Defendants to conduct an epidemiological study of the Courthouse;
6.Order Defendants to replace the AHUs and FCUs, as outlined in both the EH&E
and Tighe & Bond Reports;
7.Order Defendants to present to this Court an interim plan so that the citizens of
Hampden County may be provided access to a District Court, Superior Court,
Registry of Deeds, and Family and Probate Court, during an interim period while
an appropriate leased or purchased space is identified;
8.Order Defendants, on an expedited and emergency basis, to find a temporary,
reasonable alternative location for the administration of justice until it has been
determined by an independent study that it is safe for people to reenter the
Courthouse;
9.Order Defendants to produce any and all documents related to the various studies
completed at the Courthouse;
10. Appoint a Special Master, such as Retired Justice Greaney or Retired Justice
Spina, to oversee this litigation;
11. If the Court finds that this lawsuit invokes the superintendence powers reserved
solely for the Supreme Judicial Court under G.L. c. 211, §3, it is respectfully
requested this Court provide a factual record for the Court before the case is
transferred to the Supreme Judicial Court on an emergency bases for any action
necessitated by that Court.
12. Grant Plaintiffs and the Class such other and further relief as the Court may deem
just and proper.
Plaintiffs’ Motion should be allowed because: (a) Plaintiffs and the Class are likely to
succeed on the merits; (2) there is a substantial risk of irreparable harm to Plaintiffs and the Class
if the injunction is not issued; (3) Plaintiffs and the Class’ harm is far more substantial than the
harm Defendants face; and (4) the public interest would benefit from the injunction. In further
support of this motion, Plaintiffs attach a Memorandum of Law.
Dated: September 1, 2021 Plaintiffs
By Their Attorneys,
Laura D. Mangini, Esquire (BBO#684620)
Robei A. DiTusa, Esquire (BBO#649218)
Ryan E. Alekman, Esquire (BBO #636916)
Alekman DiTusa, LLC
1550 Main Street, Suite 401
Springfield, Massachusetts, 01103
Tel: (413) 781-0000
Fax: (413) 827-0266
laura@alekmanditusa.com
robert(Malekmanditusa.com
ryan@alekmanditus: 200k
an
Jefiiey orneay, Esquire (BBO #643668)
Chelsea “hoi, Esquire (BBO #697440)
CONNOR, MORNEAU & OLIN, LLP
273 State Street, Second Floor
Springfield, Massachusetts 01103
Tel: (413) 455-1730
Fax: (413) 455-1594
:
morneau@comolawyers. oicom
cel hoi@cemolawyers.com
Lenoudss
Koon)
Mh
Ne
Thomas A. Kenefick, I sin)
73 Chestnut Street
Springfield, Massachusetts 01103
Tel: (413) 734-7000
Fax: (413) 731-1321
takencfick(@takenefick.com
LAK ONE!
Document Filed Date
September 01, 2021
Case Filing Date
September 01, 2021
Category
Equitable Remedies
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COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss. SUPERIOR COURT DEPT. CIVIL ACTION NO. 2179CV00451 ~ ~ sins ~ i ws ~ ~ ~ os REGISTRAR OF DEEDS CHERYL COAKLEY- RIVERA, Individually and on Behalf of All Other Persons Similarly Situated, JUDITH POTTER, Individually and on Behalf of All Other Persons Similarly Situated Plaintiff, 09/01/2021 Vv. PAULA CAREY, in her capacity as CHIEF JUSTICE OF ADMINISTRATION AND MANAGEMENT; JOHN BELLO, in his capacity as COURT ADMINISTRATOR OF THE | MASSACHUSETTS TRIAL COURTS; CHARLES | O’BRIEN, in his capacity as DIRECTOR OF FACILITIES MANAGEMENT AND CAPITAL PLANNING DEPARTMENT OF ‘THE ‘TRIAL COURT; and CAROL GLADSTONE, in her capacity as COMMISSIONER OF the DIVISION OF CAPITAL ASSET MANAGEMENT nr a _Defendants_ _ PLAINTIFFS’ EX-PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION Plaintiffs hereby moves this honorable Court to issue a temporary restraining order and/or preliminary injunction ordering Defendants to: l.enter a temporary restraining order that the Roderick L. Ireland Courthouse be immediately closed and employees ordered to vacate the inadequate, unsafe, and life-threatening facilities which are causing or have the potential to cause severe adverse health effects. 2.Enter a temporary restraining order preventing Defendants from ordering employees and members of the public to enter the Roderick L. Ireland Courthouse until an independent environmental study can be completed to determine the safety of the Courthouse; 3.Order an infrared/thermal inspection be completed of the entire Courthouse to determine whether moisture is actually present behind the walls; 4.Order Defendants to conduct Occupational Health Evaluations as discussed in the EH&E Report; 5.Order Defendants to conduct an epidemiological study of the Courthouse; 6.Order Defendants to replace the AHUs and FCUs, as outlined in both the EH&E and Tighe & Bond Reports; 7.Order Defendants to present to this Court an interim plan so that the citizens of Hampden County may be provided access to a District Court, Superior Court, Registry of Deeds, and Family and Probate Court, during an interim period while an appropriate leased or purchased space is identified; 8.Order Defendants, on an expedited and emergency basis, to find a temporary, reasonable alternative location for the administration of justice until it has been determined by an independent study that it is safe for people to reenter the Courthouse; 9.Order Defendants to produce any and all documents related to the various studies completed at the Courthouse; 10. Appoint a Special Master, such as Retired Justice Greaney or Retired Justice Spina, to oversee this litigation; 11. If the Court finds that this lawsuit invokes the superintendence powers reserved solely for the Supreme Judicial Court under G.L. c. 211, §3, it is respectfully requested this Court provide a factual record for the Court before the case is transferred to the Supreme Judicial Court on an emergency bases for any action necessitated by that Court. 12. Grant Plaintiffs and the Class such other and further relief as the Court may deem just and proper. Plaintiffs’ Motion should be allowed because: (a) Plaintiffs and the Class are likely to succeed on the merits; (2) there is a substantial risk of irreparable harm to Plaintiffs and the Class if the injunction is not issued; (3) Plaintiffs and the Class’ harm is far more substantial than the harm Defendants face; and (4) the public interest would benefit from the injunction. In further support of this motion, Plaintiffs attach a Memorandum of Law. Dated: September 1, 2021 Plaintiffs By Their Attorneys, Laura D. Mangini, Esquire (BBO#684620) Robei A. DiTusa, Esquire (BBO#649218) Ryan E. Alekman, Esquire (BBO #636916) Alekman DiTusa, LLC 1550 Main Street, Suite 401 Springfield, Massachusetts, 01103 Tel: (413) 781-0000 Fax: (413) 827-0266 laura@alekmanditusa.com robert(Malekmanditusa.com ryan@alekmanditus: 200k an Jefiiey orneay, Esquire (BBO #643668) Chelsea “hoi, Esquire (BBO #697440) CONNOR, MORNEAU & OLIN, LLP 273 State Street, Second Floor Springfield, Massachusetts 01103 Tel: (413) 455-1730 Fax: (413) 455-1594 : morneau@comolawyers. oicom cel hoi@cemolawyers.com Lenoudss Koon) Mh Ne Thomas A. Kenefick, I sin) 73 Chestnut Street Springfield, Massachusetts 01103 Tel: (413) 734-7000 Fax: (413) 731-1321 takencfick(@takenefick.com LAK ONE!