On December 13, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Doe, Jennifer,
and
Gowen, Scott,
Lett, Sr., Arnold F.,
Ligouri, Alan,
for Torts
in the District Court of Barnstable County.
Preview
Date Filed 6/4/2024 12:09 PM
Superior Court - Barnstable.
Docket Number 2272CV00495
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss. SUPERIOR COURT
C.A. NO. 2272CV00495
JENNIFER DOE,
Plaintiff,
Vv.
ESTATE OF ARNOLD F. LETT, SR.,
By its Personal Representatives, Scott Gowen
and Alan Liguori,
Defendants.
JOINT MOTION TO AMEND TRACKING ORDER
Now come the parties to this action and jointly move to amend the Tracking
Order to provide additional time to complete discovery. This is the second request to
amend the Tracking Order. The Complaint was filed in December 2022 and the Answer
was filed in January 2023.
As required by Superior Court Rule 9(f) the parties submit that:
1) The plaintiff alleges that the Estate’s decedent, her grandfather, sexually
molested her over a number of years beginning when she was six years old;
2) Suit was filed after her grandfather died;
3) This is the second time the parties have moved to amend the Tracking Order;
4) The parties have exchanged written discovery;
5) The plaintiff has agreed to provide authorizations for the release of treatment
records from two mental health professionals with whom she has treated
within the last 3 years; and
6) The parties have noticed the depositions of the plaintiff (completion), her
mother, her father (whose deposition was delayed as he filed a Motion to
Quash that was denied earlier this month), several persons to whom the
plaintiff reportedly communicated about the decedent’s conduct and the
personal representatives of the Estate.
As grounds for this Motion the parties submit that this case involves allegations
of sexual abuse made by a grandchild against the estate of her now-deceased
grandfather. The alleged abuse occurred almost 20 years ago and the decedent died in
January 2022. These circumstances create significant discovery issues for the parties,
and although they have exchanged written discovery responses, the necessary
depositions have not been conducted. It is anticipated at least 6 depositions will be
Date Filed 6/4/2024 12:09 PM
Superior Court - Barnstable.
Docket Number 2272CV00495
conducted. The plaintiff anticipates filing a Motion for Summary Judgment.
Because of trial commitments and other periods during which
counsel and witnesses will not be available, the parties request the Tracking Order be
amended as follows:
Event Current Date Amended Date
Discovery 1.30.2024 9.17.2024
Rule 56 served 2.29.2024 10.15.2024
Rule 56 filed 4.12.2024 11.29.2024
Final Pre-Trial Conference 5.24.2024 TBD by Court
No party will be prejudiced by the amendment of the Tracking Order.
The complex issues presented by the case and the need for discovery of confidential
materials and testimony from non-parties has resulted in the delay in completing
discovery. The parties have worked diligently to conduct discovery. The proposed
amendment is in the interests of justice and allowing the completion of discovery will
either promote settlement or result in a more streamlined trial.
For the reasons set forth above, the parties jointly move to amend the Tracking
Order as provided above.
The Plaintiff, The Defendant,
By her Attorneys, By its Attorneys,
/sf Kristen Greenwood sf Scott J. Tucker
Kristen Greenwood - BBO# 678189 Scott J. Tucker - BBO# 503940
Law Office of Kristen Greenwood, PLLC Ann M. Donovan - BBO# 552819
349 Old Plymouth Road, First Floor Tucker, O’Connell & Fidurko, LLP
Sagamore Beach, MA 02562 199 Wells Avenue
(508) 299-3965 Newton, MA 02459
Kristen@attykg.com SJT - (617) 986-4223
AMD - (617) 986-4205
tucker@toflawfirm.com
donovan@toflawfirm.com
Dated: June 4, 2024
Date Filed 6/4/2024 12:09 PM
Superior Court - Barnstable.
Docket Number 2272CV00495
CERTIFICATE OF SERVICE
I, Scott J. Tucker, hereby certify that on June 4, 2024, I filed and served this
document through the electronic filing system and the document is available for
viewing and/or downloading from Odyssey File & Serve, which will send notification
to counsel of record. I also hereby certify that parties and/or counsel who are Non-
Registered Participants will be served via e-email, facsimile and First Class Mail.
L/Scott J. Tucke
Scott J. Tucker
Document Filed Date
June 04, 2024
Case Filing Date
December 13, 2022
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Date Filed 6/4/2024 12:09 PM Superior Court - Barnstable. Docket Number 2272CV00495 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT C.A. NO. 2272CV00495 JENNIFER DOE, Plaintiff, Vv. ESTATE OF ARNOLD F. LETT, SR., By its Personal Representatives, Scott Gowen and Alan Liguori, Defendants. JOINT MOTION TO AMEND TRACKING ORDER Now come the parties to this action and jointly move to amend the Tracking Order to provide additional time to complete discovery. This is the second request to amend the Tracking Order. The Complaint was filed in December 2022 and the Answer was filed in January 2023. As required by Superior Court Rule 9(f) the parties submit that: 1) The plaintiff alleges that the Estate’s decedent, her grandfather, sexually molested her over a number of years beginning when she was six years old; 2) Suit was filed after her grandfather died; 3) This is the second time the parties have moved to amend the Tracking Order; 4) The parties have exchanged written discovery; 5) The plaintiff has agreed to provide authorizations for the release of treatment records from two mental health professionals with whom she has treated within the last 3 years; and 6) The parties have noticed the depositions of the plaintiff (completion), her mother, her father (whose deposition was delayed as he filed a Motion to Quash that was denied earlier this month), several persons to whom the plaintiff reportedly communicated about the decedent’s conduct and the personal representatives of the Estate. As grounds for this Motion the parties submit that this case involves allegations of sexual abuse made by a grandchild against the estate of her now-deceased grandfather. The alleged abuse occurred almost 20 years ago and the decedent died in January 2022. These circumstances create significant discovery issues for the parties, and although they have exchanged written discovery responses, the necessary depositions have not been conducted. It is anticipated at least 6 depositions will be Date Filed 6/4/2024 12:09 PM Superior Court - Barnstable. Docket Number 2272CV00495 conducted. The plaintiff anticipates filing a Motion for Summary Judgment. Because of trial commitments and other periods during which counsel and witnesses will not be available, the parties request the Tracking Order be amended as follows: Event Current Date Amended Date Discovery 1.30.2024 9.17.2024 Rule 56 served 2.29.2024 10.15.2024 Rule 56 filed 4.12.2024 11.29.2024 Final Pre-Trial Conference 5.24.2024 TBD by Court No party will be prejudiced by the amendment of the Tracking Order. The complex issues presented by the case and the need for discovery of confidential materials and testimony from non-parties has resulted in the delay in completing discovery. The parties have worked diligently to conduct discovery. The proposed amendment is in the interests of justice and allowing the completion of discovery will either promote settlement or result in a more streamlined trial. For the reasons set forth above, the parties jointly move to amend the Tracking Order as provided above. The Plaintiff, The Defendant, By her Attorneys, By its Attorneys, /sf Kristen Greenwood sf Scott J. Tucker Kristen Greenwood - BBO# 678189 Scott J. Tucker - BBO# 503940 Law Office of Kristen Greenwood, PLLC Ann M. Donovan - BBO# 552819 349 Old Plymouth Road, First Floor Tucker, O’Connell & Fidurko, LLP Sagamore Beach, MA 02562 199 Wells Avenue (508) 299-3965 Newton, MA 02459 Kristen@attykg.com SJT - (617) 986-4223 AMD - (617) 986-4205 tucker@toflawfirm.com donovan@toflawfirm.com Dated: June 4, 2024 Date Filed 6/4/2024 12:09 PM Superior Court - Barnstable. Docket Number 2272CV00495 CERTIFICATE OF SERVICE I, Scott J. Tucker, hereby certify that on June 4, 2024, I filed and served this document through the electronic filing system and the document is available for viewing and/or downloading from Odyssey File & Serve, which will send notification to counsel of record. I also hereby certify that parties and/or counsel who are Non- Registered Participants will be served via e-email, facsimile and First Class Mail. L/Scott J. Tucke Scott J. Tucker