On September 15, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Michel, Wadson,
and
City Of Medford,
Lebert, Stephen,
for Administrative Civil Actions
in the District Court of Middlesex County.
Preview
[2 D
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT
. CIVIL ACTION NO. 1681-CV-2678
WADSON MICHEL,
Plaintiff,
v.
CITY OF MEDFORD AND
STEPHEN LEBERT
Defendants.
JOINT MOTION TO EXTEND TRACKING ORDER DEADLINES BY 90 DAYS
The parties hereby respectfully request that this Court issue an Order extending the
tracking order deadlines by ninety days (90) days to permit the parties to complete additional
discovery that will further develop the factual background of the case. As grounds for this
motion, the parties state as follows:
1. This case has been brought under various theories of tort alleging the City’s
failure to supervise and to train Stephen LeBert, a former police officer in the City
of Medford.
2. These theories are based on the Massachusetts Tort Claims Act [G.L. ¢ 258] along
with allegations of “unreasonable and excessive force” under the Eighth
Amendment of the Constitution, deprivation of rights under 42 U.S.C. § 1983,
Equal Protection and Massachusetts Equal Right Act.
3. The tracking order deadlines are presently:
[Event |Current Date
[Discovery Completed September 2, 2018
[Rule 56 Motions (served by) (October 15, 2018
Rule 56 Motion Package (filed by) INovember 15, 2018
[Final Pretrial Conference held April 11, 2019
(Crial [April 29, 20194. While much discovery has been completed, including the Deposition of the
Plaintiff, the parties would benefit from additional time to conduct further discovery. The benefit
would be in the possibility of the case being settled or, conversely, benefit each party in pre-trial
preparation of a case that have multiple and distinct claims for relief. The extension would be
especially helpful given the possibility that the Defendant LeBert has reserved the right to file a
Motion to Bifurcate Trial to Alleviate Undue Prejudice.
5. The parties have not sought any prior extension and the proposed new schedule
would only delay the Final Pre-Trial Conference by 28 days.
6. The proposed new schedule is as follows:
Event [Current Date [Proposed Date
[Discovery Completed [September 2, 2018 December 7, 2019
Rule 56 Motions (served by) (October 15, 2018 January 18, 2019
[Rule 56 Motion Package (filed by) ovember 15, 2018 [February 15, 2019
[Final Pretrial Conference held April 11, 2019 May 9, 2019
(Trial April 29, 2019 (To be scheduled prior to the
[Final Pretrial Conference
7. The parties submit this motion jointly, and none of the parties will be prejudiced
by this motion.
WHEREFORE, the parties respectfully request that the Court allow their motion and
that the Tracking Order be amended as follows:
[Event |Current Date [Proposed Date
[Discovery Completed September 2, 2018 [December 7, 2019
Rule 56 Motions (served by) (October 15, 2018 January 18, 2019
[Rule 56 Motion Package (filed by) [November 15, 2018 February 15, 2019
Final Pretrial Conference held
April 11, 2019
May 9, 2019
(Trial
April 29, 2019
[To be scheduled prior to the
[Final Pretrial ConferenceRespectfully Submitted,
The Plaintiff
By His Attorney
Harvey J. Bazité, Esq. ° Cuse)
741 Broadway
Somerville MA 02144
Tel. 617-629-2400
Efax: 617-1717
BBO # 630915
Harve’ azilelaw.com
The Defendant
Stephen LeBert
By His Attorney
Kenn H. Andersen Cmea)
Andersen, Goldman, Tobin & Pasciucco, LLP
50 Redfield Street
Boston, MA 02122
Tel. 617-265-3900
BBO #556844
kandersen@andersengoldman.com
Date: October 11, 2018
The Defendant
City of Medford
By its Attorney
Mark E. Rumley 4
City Solicitor
Law Department
Medford City Hall
85 George P. Hassett Dr.
Medford, MA 02155
tel. 781-393-2470
BBO # 433900
markrumley@medford-ma.gov
Document Filed Date
October 11, 2018
Case Filing Date
September 15, 2016
Category
Administrative Civil Actions
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[2 D COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT . CIVIL ACTION NO. 1681-CV-2678 WADSON MICHEL, Plaintiff, v. CITY OF MEDFORD AND STEPHEN LEBERT Defendants. JOINT MOTION TO EXTEND TRACKING ORDER DEADLINES BY 90 DAYS The parties hereby respectfully request that this Court issue an Order extending the tracking order deadlines by ninety days (90) days to permit the parties to complete additional discovery that will further develop the factual background of the case. As grounds for this motion, the parties state as follows: 1. This case has been brought under various theories of tort alleging the City’s failure to supervise and to train Stephen LeBert, a former police officer in the City of Medford. 2. These theories are based on the Massachusetts Tort Claims Act [G.L. ¢ 258] along with allegations of “unreasonable and excessive force” under the Eighth Amendment of the Constitution, deprivation of rights under 42 U.S.C. § 1983, Equal Protection and Massachusetts Equal Right Act. 3. The tracking order deadlines are presently: [Event |Current Date [Discovery Completed September 2, 2018 [Rule 56 Motions (served by) (October 15, 2018 Rule 56 Motion Package (filed by) INovember 15, 2018 [Final Pretrial Conference held April 11, 2019 (Crial [April 29, 20194. While much discovery has been completed, including the Deposition of the Plaintiff, the parties would benefit from additional time to conduct further discovery. The benefit would be in the possibility of the case being settled or, conversely, benefit each party in pre-trial preparation of a case that have multiple and distinct claims for relief. The extension would be especially helpful given the possibility that the Defendant LeBert has reserved the right to file a Motion to Bifurcate Trial to Alleviate Undue Prejudice. 5. The parties have not sought any prior extension and the proposed new schedule would only delay the Final Pre-Trial Conference by 28 days. 6. The proposed new schedule is as follows: Event [Current Date [Proposed Date [Discovery Completed [September 2, 2018 December 7, 2019 Rule 56 Motions (served by) (October 15, 2018 January 18, 2019 [Rule 56 Motion Package (filed by) ovember 15, 2018 [February 15, 2019 [Final Pretrial Conference held April 11, 2019 May 9, 2019 (Trial April 29, 2019 (To be scheduled prior to the [Final Pretrial Conference 7. The parties submit this motion jointly, and none of the parties will be prejudiced by this motion. WHEREFORE, the parties respectfully request that the Court allow their motion and that the Tracking Order be amended as follows: [Event |Current Date [Proposed Date [Discovery Completed September 2, 2018 [December 7, 2019 Rule 56 Motions (served by) (October 15, 2018 January 18, 2019 [Rule 56 Motion Package (filed by) [November 15, 2018 February 15, 2019 Final Pretrial Conference held April 11, 2019 May 9, 2019 (Trial April 29, 2019 [To be scheduled prior to the [Final Pretrial ConferenceRespectfully Submitted, The Plaintiff By His Attorney Harvey J. Bazité, Esq. ° Cuse) 741 Broadway Somerville MA 02144 Tel. 617-629-2400 Efax: 617-1717 BBO # 630915 Harve’ azilelaw.com The Defendant Stephen LeBert By His Attorney Kenn H. Andersen Cmea) Andersen, Goldman, Tobin & Pasciucco, LLP 50 Redfield Street Boston, MA 02122 Tel. 617-265-3900 BBO #556844 kandersen@andersengoldman.com Date: October 11, 2018 The Defendant City of Medford By its Attorney Mark E. Rumley 4 City Solicitor Law Department Medford City Hall 85 George P. Hassett Dr. Medford, MA 02155 tel. 781-393-2470 BBO # 433900 markrumley@medford-ma.gov