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J
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.: 1677-CV-01587 A
PHILIP J. MAZZOLA, as
TRUSTEE OF THE SEVENTEEN IN THE S UPERIOR CouRT
FO; R THE COUNTY OF ESS
WINGAERSHEEK REALTY TRUST, EX
Plaintiff DEC 1°0 2018
.
Vv.
Ghm ULM,
JOHN F..O’BRIEN, et al., CLERK
Defendants
PARTIES’ JOINT MOTION TO EXTEND
DISCOVERY DEADLINE AND OTHER TRACKING ORDER DEADLINES
NOW COME the Parties, by and through their attorneys, and jointly move the Court to
extend the discovery deadline to March 31, 2019, and all other tracking order deadlines
accordingly.
As grounds for this Motion, the Parties state the following:
Q) Discovery has been extended previously duc to the health problems described by
Defendant John F. O’Brien (“Mr. O’Brien”). Additionally, the parties have
cooperatively refrained from the completion of depositions because Mr. O’Brien’s
physician has opined that Mr. O’Brien was physically unable to attend not only
his own deposition but also the depositions of other witnesses.
Q) Counsel for the parties have conferred on several occasions to try to work out an
arrangement by which depositions can be completed. Mr. O’Brien’s counsel
served a Motion for a Protective Order, which was opposed by Plaintiff’s counsel.
That motion was not filed because, in the interim, Mr. O’Brien’s health has
apparently improved to the point where he will be able to attend depositions. In
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ne . . . §
earnalg!
os
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that regard, Mr. O’Brien’s counsel has informed Plaintiffs counsel that Mr.
O’Brien will be ready to attend depositions in January
3) Given Mr. O’Brien’s recovery and his ability to attend depositions beginning in
January, the parties respectfully request that the discovery deadline be extended to
March 31 2019, and that the other tracking order deadlines be extended
accordingly. This extension will give the parties time to complete the necessary
depositions
@) The requested extension is jointly requested and will therefore not prejudice the
rights of the parties. No trial date has been set for this Action.
WHEREFORE, the Parties respectfully request that the Court (1) extend the discovery
deadline to March 31, 2019; and (2) extend the other tracking order deadlines accordingly.
Respectfully submitted, Respectfully submitted,
Philip J. Mazzola,
Trustee ¢ If thy Seventeen Wingaersheek Realty Trust, John F, O’Brien
By Jaftorneys, and Bonita J. O’Brien,
By their attorney,
‘ld te] H. Sheehan III, BBO #457060 k fe®
h¢ J. Flannagan, BBO #564328 Meredith Fine, BBO #669248
dn Holloway Doherty & Sheehan, P.C. Law Office of Meredith A. Fine
8y ex Center Drive 46.Middle Street, Suite 2
Peabody, MA 01960 Gloucester, MA 01930
(978) 774-7123 (978) 515-7224
wsheehan@mhdpe.corn meredith@attorneymeredithfine.com
flannagan@mbhdpe.com
Dated: __[A [4 2018
IN THE 1, PERIOR Cou
HEc
OF ESSEx
DEC1 0 2018
Show Li
Clerk
.
ve “4 at ne
1 tn
bb te e
ate ..
CERTIFICATE OF SERVICE
I, Thomas J. Flannagan, attorney for the Plaintiff, hereby certify that I have served a copy of the above
document upon the following attorney by mailing the same, first class mail, postage prepaid:
Meredith A. Fine, Esq.
Law Office of Meredith A. Fine
46 Middle Street, Suite 2
Gloucester, MA 01930
J
Thoy iy lannagan
Dated: 2018
'N THE SUPER] OR Court
7 INTY OF Essex
O!
DEC1 0 2018
Crerk lig
MACLEAN HOLLOWAY
DOHERTY & SHEEHAN, P.C.
ATTORNEYS AT LAW
8 Essex CENTER DRIVE, PEABODY, MA 01960
TEL: (978) 774-7123 FAX (978) 774-7164
www.mhdpc.com
THOMAS J, FLANNAGAN
Email: tflannagan@mhdpe.com
December 4, 2018
Civil Clerk's Office
Essex Superior Court
J. Michael Ruane Judicial Center
56 Federal Street
Salem, MA 01970
RE Philip J. Mazzola, Trustee v. John F. O'Brien, et al.
Civil Action No. 1677-CV-01587
Dear Sir/Madam:
Enclosed for filing please find the following document with regard to the above-
referenced matter:
1 Parties’ Joint Motion to Extend Discovery Deadline and Other Tracking
“Order Deadlines.
Thank you for your attention to this matter.
Ver yours,
. Flannagan
TIF/kjs
ce: Philip J. & Roberta F. Mazzola
Meredith Fine, Esq.
rPHLED
IN THE SUPERIO= CQURT
FOR THE cols” * ESSEX
.
DEC 1 0 2018
hw Le
Mh Ake
CLERK
i
30523-1/ 289355
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J COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO.: 1677-CV-01587 A PHILIP J. MAZZOLA, as TRUSTEE OF THE SEVENTEEN IN THE S UPERIOR CouRT FO; R THE COUNTY OF ESS WINGAERSHEEK REALTY TRUST, EX Plaintiff DEC 1°0 2018 . Vv. Ghm ULM, JOHN F..O’BRIEN, et al., CLERK Defendants PARTIES’ JOINT MOTION TO EXTEND DISCOVERY DEADLINE AND OTHER TRACKING ORDER DEADLINES NOW COME the Parties, by and through their attorneys, and jointly move the Court to extend the discovery deadline to March 31, 2019, and all other tracking order deadlines accordingly. As grounds for this Motion, the Parties state the following: Q) Discovery has been extended previously duc to the health problems described by Defendant John F. O’Brien (“Mr. O’Brien”). Additionally, the parties have cooperatively refrained from the completion of depositions because Mr. O’Brien’s physician has opined that Mr. O’Brien was physically unable to attend not only his own deposition but also the depositions of other witnesses. Q) Counsel for the parties have conferred on several occasions to try to work out an arrangement by which depositions can be completed. Mr. O’Brien’s counsel served a Motion for a Protective Order, which was opposed by Plaintiff’s counsel. That motion was not filed because, in the interim, Mr. O’Brien’s health has apparently improved to the point where he will be able to attend depositions. In ve &- ne . . . § earnalg! os nh % ” -- ie y. oe oe ee that regard, Mr. O’Brien’s counsel has informed Plaintiffs counsel that Mr. O’Brien will be ready to attend depositions in January 3) Given Mr. O’Brien’s recovery and his ability to attend depositions beginning in January, the parties respectfully request that the discovery deadline be extended to March 31 2019, and that the other tracking order deadlines be extended accordingly. This extension will give the parties time to complete the necessary depositions @) The requested extension is jointly requested and will therefore not prejudice the rights of the parties. No trial date has been set for this Action. WHEREFORE, the Parties respectfully request that the Court (1) extend the discovery deadline to March 31, 2019; and (2) extend the other tracking order deadlines accordingly. Respectfully submitted, Respectfully submitted, Philip J. Mazzola, Trustee ¢ If thy Seventeen Wingaersheek Realty Trust, John F, O’Brien By Jaftorneys, and Bonita J. O’Brien, By their attorney, ‘ld te] H. Sheehan III, BBO #457060 k fe® h¢ J. Flannagan, BBO #564328 Meredith Fine, BBO #669248 dn Holloway Doherty & Sheehan, P.C. Law Office of Meredith A. Fine 8y ex Center Drive 46.Middle Street, Suite 2 Peabody, MA 01960 Gloucester, MA 01930 (978) 774-7123 (978) 515-7224 wsheehan@mhdpe.corn meredith@attorneymeredithfine.com flannagan@mbhdpe.com Dated: __[A [4 2018 IN THE 1, PERIOR Cou HEc OF ESSEx DEC1 0 2018 Show Li Clerk . ve “4 at ne 1 tn bb te e ate .. CERTIFICATE OF SERVICE I, Thomas J. Flannagan, attorney for the Plaintiff, hereby certify that I have served a copy of the above document upon the following attorney by mailing the same, first class mail, postage prepaid: Meredith A. Fine, Esq. Law Office of Meredith A. Fine 46 Middle Street, Suite 2 Gloucester, MA 01930 J Thoy iy lannagan Dated: 2018 'N THE SUPER] OR Court 7 INTY OF Essex O! DEC1 0 2018 Crerk lig MACLEAN HOLLOWAY DOHERTY & SHEEHAN, P.C. ATTORNEYS AT LAW 8 Essex CENTER DRIVE, PEABODY, MA 01960 TEL: (978) 774-7123 FAX (978) 774-7164 www.mhdpc.com THOMAS J, FLANNAGAN Email: tflannagan@mhdpe.com December 4, 2018 Civil Clerk's Office Essex Superior Court J. Michael Ruane Judicial Center 56 Federal Street Salem, MA 01970 RE Philip J. Mazzola, Trustee v. John F. O'Brien, et al. Civil Action No. 1677-CV-01587 Dear Sir/Madam: Enclosed for filing please find the following document with regard to the above- referenced matter: 1 Parties’ Joint Motion to Extend Discovery Deadline and Other Tracking “Order Deadlines. Thank you for your attention to this matter. Ver yours, . Flannagan TIF/kjs ce: Philip J. & Roberta F. Mazzola Meredith Fine, Esq. rPHLED IN THE SUPERIO= CQURT FOR THE cols” * ESSEX . DEC 1 0 2018 hw Le Mh Ake CLERK i 30523-1/ 289355 ee ets . : - ~ wet ~ . ~ a o we ”