Preview
Date Filed 2/8/2024 9:08 AM
Superior Court - Norfolk
Docket Number 1882CV01117
Docketed 2/9/2024
27
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, SS. SUPERIOR COURT
DEPARTMENT OF
THE TRIAL COURT
CRAIG M. NEWFIELD, AS 2\azlaoat arzenteal to:
PERSONAL REPRESENTATIVE OF ) wotton(s aeloweck ar
THE ESTATE OF TALIA C
NEWFIELD, AND PEDRO GARRIDO Doocersery
anch Poet Depeaction
AND BLAIR MANNING GARRIDO, AS -daedent “4 tyttuubecl fo jo/2;(3024 ;
CO-PERSONAL REPRESENTATIVES
OF THE ESTATE OF ADRIENNE } Kst Seniie headluve 2g reperdad
GARRIDO,
1882CV01117
Plaintiffs,
to (Ilaq[2oz4 5 @. So Ltring sendlure
Vv.
) sud wptouded to 1a(3i 902%; Yne
ROBERTW. BERRY, DANIA ) Ava pred Con porwireg cumeatt.
ANTOINE-GUITEAU AND SANDRA
PICARD.
) ached ube Gov Aolacad +4
Defendants. Canernleol ancl a baat DP ta Chockul
wa date Ln. Fehr Joas
JOINT MOTION TO AMEND THE TRACKING ORDER TO EXTEND DISCOVERY
The parties to the above-captioned matter hereby move to amend the curls L,
Hon
Tracking Order to extend the discovery deadline by approximately eight months, Deft
through October 2024, and to amend all other Tracking Order deadlines as outlined + C
below. In support of this Motion, the parties state:
This case arises out of a motor vehicle/pedestrian collision that occurred on
February. 10, 2018 in Needham, Massachusetts which resulted in the deaths of the
plaintiffs’ decedents, Talia Newfield and Adrienne Garrido. The plaintiffs then filed this
lawsuit on August 30, 2018.
As a result of the February 10 collision, the Commonwealth comimetiéed
criminal proceedings against both defendants. The trial of Mr. Berry's criminal case
Date Filed 2/8/2024 9:08 AM
‘Superior Court - Norfolk
Docket Number 1882CV01117,
went forward in November 2023 and resulted in his acquittal on or about November
21,
2023. While Ms. Antoine-Guiteau's criminal case was tried in November 2022, a partial
appeal of her conviction remains pending, and has been stayed through April 24, 2024.
Ina Stipulated Protective Order, allowed and adopted as an Order by the Court
on November2, 2018, Plaintiffs and.the Defendant, Robert Berry, agreed to a stay of
the said defendant's obligation to. respond to discovery requests directed to him until the
criminal proceedings were resolved, and unless otherwise directed by this Honorable
Court, that all other discovery could proceed in the usual course.
All parties join in this Motion which is necessary to allow for trial preparation
following resolution of the criminal matters. After conferring, the parties Tecommend the
following amendments to the current Tracking Order:
Stage Current Deadline Proposed
All Discovery Requests/ Fact Depositions 02/29/2024 10/31/2024
All Motions Under MRCP 56 Served 03/29/2024 11/29/2024
All Motions Under MRCP 56 Filed 04/26/2024 12/31/2024
Final Pre-Trial Conference Held By 06/28/2024 02/27/2025
Final Disposition Date 08/30/2024 06/27/2025
WHEREFORE, the parties respectfully request that the Court ALLOW this Motion
and enter an Order that the current Tracking Order be amended as suggested.
Date Filed 2/8/2024 9:08 AM
‘Superior Court - Norfolk
Docket Number 1882CV01117,
1
1
PLAINTIFF, PLAINTIFFS,
Craig M. Newfield as Personal Pedro Garrido and Blair Manning Garrido as
Representative of the Estate of Talia Co-Personal Representatives of the Estate of
Newfield, Adrienne Garrido
By his Attorneys, By their Attorneys,
SUGARMAN AND SUGARMAN, P.C. KRASNOW KELLER & BORIS, P.C.
nn
Mafianne C. LeBlanc, Esq. — BBO# 564587 Steven Boris, Esq. - BBO# 049950
mleblanc@sugarman.com sboris@krasnowkellerboris.com
William L. Walsh, Esq. — BBO# 704039 Krasnow Keller & Boris, P.C.
wwalsh@sugarman.com 490B Boston Post Road
31 St. James Avenue, 10! Floor Sudbury, AM 01776
Boston, MA 02116 (508) 872-2710
(617) 542-1000
DEFENDANT, DEFENDANTS,
Robert W. Berry Dania Antoine-Guiteau and Sandra Picard
By his Attorneys, By their Attorneys,
GARGIULO/RUDNICK, LLP MITCHELL & DESIMONE
Lie Didecblelbetr
Patricia Noyes-Corrigan, Esq. - BBO# 374930 Zohn B. DiSciullo, Esq. — BBO# 634662
pne@arglaw.com Jdisciullo@mitchelldesimone.com
Gargiulo/Rudnick, LLP Mitchell & DeSimone
776 Falmouth Road, Unit A6 101 Arch Street
Mashpee, MA 02649 Boston, MA 02110
(617)742-3833 (617) 737-8300
Date Filed 2/8/2024 9:08 AM
‘Superior Court - Norfolk
Docket Number 1882CV01117,
Certificate of Service
| hereby certify that a true copy of the above document was served by e- mail only, on
February _{°, 2024, upon the attorney of record for each party:
John B. DiSciullo, Esq.
Mitchell & DeSimone
101 Arch Street
Boston, MA 02110
Email Address: jdisciullo@mitchelldesimone.com
Attorney For: Dania Antoine-Guiteau
Patricia Noyes-Corrigan, Esq.
776 Falmouth Road, Unit A6
Gargiulo/Rudnick, LLP
Mashpee, MA 02649
Email Address: pnc@grglaw.com
Attorney For: Robert W. Berry
Steven Boris, Esq.
Krasnow, Keller & Boris, P.C.
665 Franklin Street
Framingham, MA 01702
Email Address: SBoris@krasnowkellerboris.com
Attorney For: Pedro Garrido, and Blair Manning Garrido, Co-Personal
Representatives of the Estate of Adrienne Garrido
fi
William L. Walsh
Preview
Date Filed 2/8/2024 9:08 AM Superior Court - Norfolk Docket Number 1882CV01117 Docketed 2/9/2024 27 COMMONWEALTH OF MASSACHUSETTS NORFOLK, SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CRAIG M. NEWFIELD, AS 2\azlaoat arzenteal to: PERSONAL REPRESENTATIVE OF ) wotton(s aeloweck ar THE ESTATE OF TALIA C NEWFIELD, AND PEDRO GARRIDO Doocersery anch Poet Depeaction AND BLAIR MANNING GARRIDO, AS -daedent “4 tyttuubecl fo jo/2;(3024 ; CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ADRIENNE } Kst Seniie headluve 2g reperdad GARRIDO, 1882CV01117 Plaintiffs, to (Ilaq[2oz4 5 @. So Ltring sendlure Vv. ) sud wptouded to 1a(3i 902%; Yne ROBERTW. BERRY, DANIA ) Ava pred Con porwireg cumeatt. ANTOINE-GUITEAU AND SANDRA PICARD. ) ached ube Gov Aolacad +4 Defendants. Canernleol ancl a baat DP ta Chockul wa date Ln. Fehr Joas JOINT MOTION TO AMEND THE TRACKING ORDER TO EXTEND DISCOVERY The parties to the above-captioned matter hereby move to amend the curls L, Hon Tracking Order to extend the discovery deadline by approximately eight months, Deft through October 2024, and to amend all other Tracking Order deadlines as outlined + C below. In support of this Motion, the parties state: This case arises out of a motor vehicle/pedestrian collision that occurred on February. 10, 2018 in Needham, Massachusetts which resulted in the deaths of the plaintiffs’ decedents, Talia Newfield and Adrienne Garrido. The plaintiffs then filed this lawsuit on August 30, 2018. As a result of the February 10 collision, the Commonwealth comimetiéed criminal proceedings against both defendants. The trial of Mr. Berry's criminal case Date Filed 2/8/2024 9:08 AM ‘Superior Court - Norfolk Docket Number 1882CV01117, went forward in November 2023 and resulted in his acquittal on or about November 21, 2023. While Ms. Antoine-Guiteau's criminal case was tried in November 2022, a partial appeal of her conviction remains pending, and has been stayed through April 24, 2024. Ina Stipulated Protective Order, allowed and adopted as an Order by the Court on November2, 2018, Plaintiffs and.the Defendant, Robert Berry, agreed to a stay of the said defendant's obligation to. respond to discovery requests directed to him until the criminal proceedings were resolved, and unless otherwise directed by this Honorable Court, that all other discovery could proceed in the usual course. All parties join in this Motion which is necessary to allow for trial preparation following resolution of the criminal matters. After conferring, the parties Tecommend the following amendments to the current Tracking Order: Stage Current Deadline Proposed All Discovery Requests/ Fact Depositions 02/29/2024 10/31/2024 All Motions Under MRCP 56 Served 03/29/2024 11/29/2024 All Motions Under MRCP 56 Filed 04/26/2024 12/31/2024 Final Pre-Trial Conference Held By 06/28/2024 02/27/2025 Final Disposition Date 08/30/2024 06/27/2025 WHEREFORE, the parties respectfully request that the Court ALLOW this Motion and enter an Order that the current Tracking Order be amended as suggested. Date Filed 2/8/2024 9:08 AM ‘Superior Court - Norfolk Docket Number 1882CV01117, 1 1 PLAINTIFF, PLAINTIFFS, Craig M. Newfield as Personal Pedro Garrido and Blair Manning Garrido as Representative of the Estate of Talia Co-Personal Representatives of the Estate of Newfield, Adrienne Garrido By his Attorneys, By their Attorneys, SUGARMAN AND SUGARMAN, P.C. KRASNOW KELLER & BORIS, P.C. nn Mafianne C. LeBlanc, Esq. — BBO# 564587 Steven Boris, Esq. - BBO# 049950 mleblanc@sugarman.com sboris@krasnowkellerboris.com William L. Walsh, Esq. — BBO# 704039 Krasnow Keller & Boris, P.C. wwalsh@sugarman.com 490B Boston Post Road 31 St. James Avenue, 10! Floor Sudbury, AM 01776 Boston, MA 02116 (508) 872-2710 (617) 542-1000 DEFENDANT, DEFENDANTS, Robert W. Berry Dania Antoine-Guiteau and Sandra Picard By his Attorneys, By their Attorneys, GARGIULO/RUDNICK, LLP MITCHELL & DESIMONE Lie Didecblelbetr Patricia Noyes-Corrigan, Esq. - BBO# 374930 Zohn B. DiSciullo, Esq. — BBO# 634662 pne@arglaw.com Jdisciullo@mitchelldesimone.com Gargiulo/Rudnick, LLP Mitchell & DeSimone 776 Falmouth Road, Unit A6 101 Arch Street Mashpee, MA 02649 Boston, MA 02110 (617)742-3833 (617) 737-8300 Date Filed 2/8/2024 9:08 AM ‘Superior Court - Norfolk Docket Number 1882CV01117, Certificate of Service | hereby certify that a true copy of the above document was served by e- mail only, on February _{°, 2024, upon the attorney of record for each party: John B. DiSciullo, Esq. Mitchell & DeSimone 101 Arch Street Boston, MA 02110 Email Address: jdisciullo@mitchelldesimone.com Attorney For: Dania Antoine-Guiteau Patricia Noyes-Corrigan, Esq. 776 Falmouth Road, Unit A6 Gargiulo/Rudnick, LLP Mashpee, MA 02649 Email Address: pnc@grglaw.com Attorney For: Robert W. Berry Steven Boris, Esq. Krasnow, Keller & Boris, P.C. 665 Franklin Street Framingham, MA 01702 Email Address: SBoris@krasnowkellerboris.com Attorney For: Pedro Garrido, and Blair Manning Garrido, Co-Personal Representatives of the Estate of Adrienne Garrido fi William L. Walsh