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COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
HAMPSHIRE, ss. CIVIL ACTION NO, 1680CV00167
DAVID A. WOODS and KELLY WOODS,
Plaintiffs
v.
AQUADRO & CERRUTI, INC., DANIEL
O’CONNELL’S SONS, INC. and T&M
EQUIPMENT CORPORATION
Defendants
HAMPSHIRE SUPERIOR COURT
and
DANIEL 0’CONNELL’S SONS, INC., MAR 23 2020
Third-Party Plaintiff
HARRY JEKANOWSKI, JA.
y. CLERK/MAGISTRATE
MANAFORT PRECISION, LLC and T&M
EQUIPMENT CORPORATION,
Third-Party Defendants
ee Se SSS ee
PLAINTIFFS’, DAVID A. WOODS AND KELLY WOODS, PARTIAL OPPOSITION TO
DEFENDANTS’ AND THIRD-PARTY DEFENDANTS’ MOTION TO EXTEND TRACKING
ORDER DEADLINES AND RESCHEDULE FINAL PRE-TRIAL CONFERENCE
Plaintiffs, David A. Woods and Kelly Woods, for their Partial Opposition to the Motion
of the Defendants and Third-Party Defendants to extend the Amended Tracking Order in ihe
within matter and reschedule the Pre-Trial Conference set for March 30, 2020, respectfully
submit the following:
1. The Tracking Order in this matter has been amended previously.
2. The depositions of the parties were concluded on November 21, 2019.3. At the request of counsel for the Defendant and Third Party Defendant, T & M
Equipment Corporation, today, Friday, March 13, 2020, a deposition of a non-party
witness and employee of T & M Equipment Corporation scheduled for Monday,
March 16, 2020 was continued to April 2020 due to current public health concerns
related to COVID-19. No other non-expert depositions are scheduled or
contemplated by the parties.
4. The Defendants and Third-Party Defendants desire to continue the Pre-Trial
Conference in this matter for the stated reason that “many, if not all claims, may be
resolved by Summary Judgment.” While additional time within which to file
M.R.CP Rule 56 Motions may promote judicial economy, proceeding to a Pre-Trial
Conference at this time in order to obtain a trial date will not preclude the making of
such Motions if an extension of time for the making of same is allowed by the Court.
5. Further, full disclosure of expert witnesses by all parties at this time in the Joint Pre-
Trial Memorandum will also serve to advance this matter towards trial and/or other
final disposition.
WHEREFORE, the Plaintiffs respectfully request that the Pre-Trial Conference proceed as
scheduled on March 30, 2020, whether via in-person attendance or teleconference due to the
current public health situation.Dated: March 13, 2020 Respectfully Submitted,
The Plaintiffs
By their attorneys,
Robert A. DiTusa, Esq. BBO#: 649218
Laura D. Mangini, Esq. BBO#:684620
Lee Dawn Daniel, Esg. BBO # 549755
Alekman DiTusa, LLC
1550 Main Street, Suite 401
Springfield, MA 01103
(413) 781-0000
(413) 827-0266 Fax
CERTIFICATE OF SERVICE
I, Lee Dawn Daniel, Esq., attorney for the Plaintiffs, hereby certify that I have this day served the
foregoing Plaintiffs’, David A. Woods and Kelly Woods, Partial Opposition to Defendants’ and
Third-Party Defendants’ Motion to Extend Tracking Order Deadlines and Reschedule Final Pre-
Trial Conference upon all counsel of record in this action by serving same via First Class Mail
and electronic mail to:
Denise M. Tremblay, Esq. Thomas P. Schuler, Esquire
Morrison Mahoney Law Offices of Steven B. Stein
1500 Main Street, Suite 2400 P.O. Box 2903
Springfield, MA 01115 Hartford, CT 06164
Patricia M. Vachereau, Esquire William F. Ahern, Jr., Esq.
Sherry, Geller, Cain & Vachereau Jonathan Barnes, Esq.
1 Federal Street, Building 111-4 Clark, Hunt, Ahern & Embry
Springfield, MA 01105 + 150 Cambridgepark Drive
Cambridge, MA 02140
Dated: hast (3 Dope Attorney: Lo
Lee Dawn Daniel, Esq.
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COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT HAMPSHIRE, ss. CIVIL ACTION NO, 1680CV00167 DAVID A. WOODS and KELLY WOODS, Plaintiffs v. AQUADRO & CERRUTI, INC., DANIEL O’CONNELL’S SONS, INC. and T&M EQUIPMENT CORPORATION Defendants HAMPSHIRE SUPERIOR COURT and DANIEL 0’CONNELL’S SONS, INC., MAR 23 2020 Third-Party Plaintiff HARRY JEKANOWSKI, JA. y. CLERK/MAGISTRATE MANAFORT PRECISION, LLC and T&M EQUIPMENT CORPORATION, Third-Party Defendants ee Se SSS ee PLAINTIFFS’, DAVID A. WOODS AND KELLY WOODS, PARTIAL OPPOSITION TO DEFENDANTS’ AND THIRD-PARTY DEFENDANTS’ MOTION TO EXTEND TRACKING ORDER DEADLINES AND RESCHEDULE FINAL PRE-TRIAL CONFERENCE Plaintiffs, David A. Woods and Kelly Woods, for their Partial Opposition to the Motion of the Defendants and Third-Party Defendants to extend the Amended Tracking Order in ihe within matter and reschedule the Pre-Trial Conference set for March 30, 2020, respectfully submit the following: 1. The Tracking Order in this matter has been amended previously. 2. The depositions of the parties were concluded on November 21, 2019.3. At the request of counsel for the Defendant and Third Party Defendant, T & M Equipment Corporation, today, Friday, March 13, 2020, a deposition of a non-party witness and employee of T & M Equipment Corporation scheduled for Monday, March 16, 2020 was continued to April 2020 due to current public health concerns related to COVID-19. No other non-expert depositions are scheduled or contemplated by the parties. 4. The Defendants and Third-Party Defendants desire to continue the Pre-Trial Conference in this matter for the stated reason that “many, if not all claims, may be resolved by Summary Judgment.” While additional time within which to file M.R.CP Rule 56 Motions may promote judicial economy, proceeding to a Pre-Trial Conference at this time in order to obtain a trial date will not preclude the making of such Motions if an extension of time for the making of same is allowed by the Court. 5. Further, full disclosure of expert witnesses by all parties at this time in the Joint Pre- Trial Memorandum will also serve to advance this matter towards trial and/or other final disposition. WHEREFORE, the Plaintiffs respectfully request that the Pre-Trial Conference proceed as scheduled on March 30, 2020, whether via in-person attendance or teleconference due to the current public health situation.Dated: March 13, 2020 Respectfully Submitted, The Plaintiffs By their attorneys, Robert A. DiTusa, Esq. BBO#: 649218 Laura D. Mangini, Esq. BBO#:684620 Lee Dawn Daniel, Esg. BBO # 549755 Alekman DiTusa, LLC 1550 Main Street, Suite 401 Springfield, MA 01103 (413) 781-0000 (413) 827-0266 Fax CERTIFICATE OF SERVICE I, Lee Dawn Daniel, Esq., attorney for the Plaintiffs, hereby certify that I have this day served the foregoing Plaintiffs’, David A. Woods and Kelly Woods, Partial Opposition to Defendants’ and Third-Party Defendants’ Motion to Extend Tracking Order Deadlines and Reschedule Final Pre- Trial Conference upon all counsel of record in this action by serving same via First Class Mail and electronic mail to: Denise M. Tremblay, Esq. Thomas P. Schuler, Esquire Morrison Mahoney Law Offices of Steven B. Stein 1500 Main Street, Suite 2400 P.O. Box 2903 Springfield, MA 01115 Hartford, CT 06164 Patricia M. Vachereau, Esquire William F. Ahern, Jr., Esq. Sherry, Geller, Cain & Vachereau Jonathan Barnes, Esq. 1 Federal Street, Building 111-4 Clark, Hunt, Ahern & Embry Springfield, MA 01105 + 150 Cambridgepark Drive Cambridge, MA 02140 Dated: hast (3 Dope Attorney: Lo Lee Dawn Daniel, Esq.