Preview
Date Filed 12/12/2023 4:16 PM
Superior Court - Suffolk
Docket Number 2384CV02425
SR 6
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
CIVIL ACTION
NO. 2384CV02425
)
HRISTINA NIKOLOVA, )
Plaintiff, )
)
v. )
)
TRUSTEES OF BOSTON COLLEGE, )
Defendant. )
)
PLAINTIFF HRISTINA NIKOLOVA’S RESPONSE IN OPPOSITION TO DEFENDANT
TRUSTEES OF BOSTON COLLEGE’S MOTION TO EXTEND TIME TO ANSWER
OR OTHERWISE RESPOND TO THE COMPLAINT
The Court should deny Defendant’s motion for a six-week extension to answer or
otherwise respond to the Complaint. Dr. Nikolova explains why below.
1. Defendant’s motion is untimely. The Sheriff served the Complaint and Summons
on November 17, 2023, making Defendant’s response to the Complaint due on December 7,
2023. See Mass. R. Civ. P. 12(a). Defendant dawdled for two weeks, and then served the instant
Motion on November 30, 2023, knowing that Dr. Nikolova’s response would not be due until
after the December 7th deadline expired. If Defendant wished to toll the December 7 deadline, it
either needed to timely file a motion under Rule 12(a)(2), or obtain an Order extending the
deadline before it expired. Fialkowski v. Baltromitis, 103 Mass. App. Ct. 281, 285 n.10, 219
N.E.3d 284, 290 (2023). It did neither.
2. Even if Defendant’s motion were timely, Defendant does not need a 6-week
extension. Dr. Nikolova’s allegations are not new; she raised them both internally at Boston
College and before the EEOC and MCAD, and Defendant has been contesting them for nearly
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Date Filed 12/12/2023 4:16 PM
Superior Court - Suffolk
Docket Number 2384CV02425
two years. Indeed, as far back as October 14, 2022, Defendant filed a 25-page, verified Position
Statement with the EEOC detailing all the reasons why it believes that Dr. Nikolova does not
have a case. See, Exhibit 1. If Defendant could articulate its position and defenses then, it does
not need a six-week extension to do so again now.
3. When Defendant requested that Dr. Nikolova consent to an extension, she
graciously agreed, asking only that Defendant file an Answer in return. Defendant refused this
reasonable compromise. Instead, it made clear its intention to untimely file a Rule 12(b)(6)
motion and then refused Dr. Nikolova’s requests for a pre-motion conference under Superior
Court Rule 9C(b).
4. Defendant’s motion is also deficient because it does not describe the grounds that
would support a 12(b)(6) motion.
5. Defendant has been in default since December 7, 2023. In the interest of judicial
economy, Dr. Nikolova has not yet filed a Request for Default under MRCP 55. The Court
should not reward Defendant’s default and dilatory tactics by granting its untimely motion for an
unneeded 6-week extension.
WHEREFORE, Dr. Nikolova respectfully requests that the Court deny Defendant’s
Motion and Order Defendant to file an Answer to the Complaint within five (5) calendar days.
Respectfully submitted,
HRISTINA NIKOLOVA,
By Her Attorneys,
/s/ Charles Lamberton
Charles A. Lamberton
(Pro hac vice)
PA I.D. No 78043
Lamberton Law Firm LLC
707 Grant Street, 1705 Gulf Tower
Pittsburgh, PA 15219
2
Date Filed 12/12/2023 4:16 PM
Superior Court - Suffolk
Docket Number 2384CV02425
Main Office: (412) 258-2250
Cell: (412) 498-4120
Remote Office: (412) 308-6959
Email: cal@lambertonlaw.com
/s/ Lana Sullivan________________
Lana Sullivan (BBO #649364)
Law Office of Lana Sullivan
75 Second Ave, Suite 605
Needham, MA 02494
Phone: (617) 454-1015
Email: lana@lanasullivanlaw.com
December 9, 2023
3
Date Filed 12/12/2023 4:16 PM
Superior Court - Suffolk
Docket Number 2384CV02425
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
____________________________________
)
HRISTINA NIKOLOVA )
)
Complainant ) EEOC # 523-2022-03641
) MCAD #
v. )
)
CARROLL SCHOOL OF )
MANAGEMENT, BOSTON COLLEGE 1 )
)
Respondent )
____________________________________)
RESPONDENT BOSTON COLLEGE'S POSITION STATEMENT
Introduction
Respondent Trustees of Boston College (“Respondent,” “Boston College,” or the
“University”) submits this Position Statement in response to the Charge of Discrimination (the
“Charge”) filed by Hristina Nikolova (“Dr. Nikolova” or “Complainant”).
When Boston College hired Dr. Nikolova in 2014 as a tenure-track Assistant Professor in
the Carroll School of Management’s (“CSOM”) Marketing Department, it did so with the belief
that Dr. Nikolova had the ability and potential to achieve tenured status. Achieving tenure status,
however, requires meeting the University’s rigorous tenure standards, which include achieving
excellence in teaching, scholarship, and service to the Boston College community, as evaluated
both internally and externally. In 2021, Dr. Nikolova applied for tenure. After an extensive
review of the tenure file, which included internal and external reviews of Dr. Nikolova’s research
and scholarship by tenured faculty and administrators, Boston College denied Dr. Nikolova’s
application for tenure. The Promotions and Tenure Committee (the “P&T Committee”), which
1
The appropriate defendant is the Trustees of Boston College.
1
EXHIBIT 1
Date Filed 12/12/2023 4:16 PM
Superior Court - Suffolk
Docket Number 2384CV02425
VERIFICATION
I, Andrew Boynton, hereby state and affirm that I have read the foregoing Position
Statement, that the factual information contained in the Position Statement is derived from
various sources at Boston College, and that while I do not have direct knowledge of all the
matters set forth in the Position Statement, the Position Statement is true and accurate to the best
of my knowledge and belief. I have also reviewed the Exhibits attached to the Position
Statement and state and affirm that, to the best of my knowledge and belief, they are true and
accurate copies.
Signed under the penalties of perjury this 14th day of October 2022.
/s/ Andrew Boynton
Andrew Boynton
The John and Linda Powers Family Dean
The Carroll School of Management
Boston College
25
Date Filed 12/12/2023 4:16 PM
Superior Court - Suffolk
Docket Number 2384CV02425
CERTIFICATE OF SERVICE
I, Charles A. Lamberton, do hereby certify that I have served a copy of the forgoing
documents upon the Defendant by sending the same via electronic mail to plaintiff and/or all
counsel of record, to wit:
Alan D. Rose (BBO # 427280)
Laura B. Kirshenbaum (BBO # 684886)
Rose Law Partners LLP
One Beacon Street, 23rd Floor
Boston, MA 02108
(617) 536-0040
adr@rose-law.net
lbk@rose-law.net
/s/ Charles A. Lamberton_____
Charles A. Lamberton
December 9, 2023
Preview
Date Filed 12/12/2023 4:16 PM Superior Court - Suffolk Docket Number 2384CV02425 SR 6 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 2384CV02425 ) HRISTINA NIKOLOVA, ) Plaintiff, ) ) v. ) ) TRUSTEES OF BOSTON COLLEGE, ) Defendant. ) ) PLAINTIFF HRISTINA NIKOLOVA’S RESPONSE IN OPPOSITION TO DEFENDANT TRUSTEES OF BOSTON COLLEGE’S MOTION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT The Court should deny Defendant’s motion for a six-week extension to answer or otherwise respond to the Complaint. Dr. Nikolova explains why below. 1. Defendant’s motion is untimely. The Sheriff served the Complaint and Summons on November 17, 2023, making Defendant’s response to the Complaint due on December 7, 2023. See Mass. R. Civ. P. 12(a). Defendant dawdled for two weeks, and then served the instant Motion on November 30, 2023, knowing that Dr. Nikolova’s response would not be due until after the December 7th deadline expired. If Defendant wished to toll the December 7 deadline, it either needed to timely file a motion under Rule 12(a)(2), or obtain an Order extending the deadline before it expired. Fialkowski v. Baltromitis, 103 Mass. App. Ct. 281, 285 n.10, 219 N.E.3d 284, 290 (2023). It did neither. 2. Even if Defendant’s motion were timely, Defendant does not need a 6-week extension. Dr. Nikolova’s allegations are not new; she raised them both internally at Boston College and before the EEOC and MCAD, and Defendant has been contesting them for nearly 1 Date Filed 12/12/2023 4:16 PM Superior Court - Suffolk Docket Number 2384CV02425 two years. Indeed, as far back as October 14, 2022, Defendant filed a 25-page, verified Position Statement with the EEOC detailing all the reasons why it believes that Dr. Nikolova does not have a case. See, Exhibit 1. If Defendant could articulate its position and defenses then, it does not need a six-week extension to do so again now. 3. When Defendant requested that Dr. Nikolova consent to an extension, she graciously agreed, asking only that Defendant file an Answer in return. Defendant refused this reasonable compromise. Instead, it made clear its intention to untimely file a Rule 12(b)(6) motion and then refused Dr. Nikolova’s requests for a pre-motion conference under Superior Court Rule 9C(b). 4. Defendant’s motion is also deficient because it does not describe the grounds that would support a 12(b)(6) motion. 5. Defendant has been in default since December 7, 2023. In the interest of judicial economy, Dr. Nikolova has not yet filed a Request for Default under MRCP 55. The Court should not reward Defendant’s default and dilatory tactics by granting its untimely motion for an unneeded 6-week extension. WHEREFORE, Dr. Nikolova respectfully requests that the Court deny Defendant’s Motion and Order Defendant to file an Answer to the Complaint within five (5) calendar days. Respectfully submitted, HRISTINA NIKOLOVA, By Her Attorneys, /s/ Charles Lamberton Charles A. Lamberton (Pro hac vice) PA I.D. No 78043 Lamberton Law Firm LLC 707 Grant Street, 1705 Gulf Tower Pittsburgh, PA 15219 2 Date Filed 12/12/2023 4:16 PM Superior Court - Suffolk Docket Number 2384CV02425 Main Office: (412) 258-2250 Cell: (412) 498-4120 Remote Office: (412) 308-6959 Email: cal@lambertonlaw.com /s/ Lana Sullivan________________ Lana Sullivan (BBO #649364) Law Office of Lana Sullivan 75 Second Ave, Suite 605 Needham, MA 02494 Phone: (617) 454-1015 Email: lana@lanasullivanlaw.com December 9, 2023 3 Date Filed 12/12/2023 4:16 PM Superior Court - Suffolk Docket Number 2384CV02425 UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ____________________________________ ) HRISTINA NIKOLOVA ) ) Complainant ) EEOC # 523-2022-03641 ) MCAD # v. ) ) CARROLL SCHOOL OF ) MANAGEMENT, BOSTON COLLEGE 1 ) ) Respondent ) ____________________________________) RESPONDENT BOSTON COLLEGE'S POSITION STATEMENT Introduction Respondent Trustees of Boston College (“Respondent,” “Boston College,” or the “University”) submits this Position Statement in response to the Charge of Discrimination (the “Charge”) filed by Hristina Nikolova (“Dr. Nikolova” or “Complainant”). When Boston College hired Dr. Nikolova in 2014 as a tenure-track Assistant Professor in the Carroll School of Management’s (“CSOM”) Marketing Department, it did so with the belief that Dr. Nikolova had the ability and potential to achieve tenured status. Achieving tenure status, however, requires meeting the University’s rigorous tenure standards, which include achieving excellence in teaching, scholarship, and service to the Boston College community, as evaluated both internally and externally. In 2021, Dr. Nikolova applied for tenure. After an extensive review of the tenure file, which included internal and external reviews of Dr. Nikolova’s research and scholarship by tenured faculty and administrators, Boston College denied Dr. Nikolova’s application for tenure. The Promotions and Tenure Committee (the “P&T Committee”), which 1 The appropriate defendant is the Trustees of Boston College. 1 EXHIBIT 1 Date Filed 12/12/2023 4:16 PM Superior Court - Suffolk Docket Number 2384CV02425 VERIFICATION I, Andrew Boynton, hereby state and affirm that I have read the foregoing Position Statement, that the factual information contained in the Position Statement is derived from various sources at Boston College, and that while I do not have direct knowledge of all the matters set forth in the Position Statement, the Position Statement is true and accurate to the best of my knowledge and belief. I have also reviewed the Exhibits attached to the Position Statement and state and affirm that, to the best of my knowledge and belief, they are true and accurate copies. Signed under the penalties of perjury this 14th day of October 2022. /s/ Andrew Boynton Andrew Boynton The John and Linda Powers Family Dean The Carroll School of Management Boston College 25 Date Filed 12/12/2023 4:16 PM Superior Court - Suffolk Docket Number 2384CV02425 CERTIFICATE OF SERVICE I, Charles A. Lamberton, do hereby certify that I have served a copy of the forgoing documents upon the Defendant by sending the same via electronic mail to plaintiff and/or all counsel of record, to wit: Alan D. Rose (BBO # 427280) Laura B. Kirshenbaum (BBO # 684886) Rose Law Partners LLP One Beacon Street, 23rd Floor Boston, MA 02108 (617) 536-0040 adr@rose-law.net lbk@rose-law.net /s/ Charles A. Lamberton_____ Charles A. Lamberton December 9, 2023