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COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss.
St TRIAL COURT OF THE COMMONWEALTH
SUPERIOR COURT DEPARTMENT
JOSEPH BRUCKLER, CAROLYN BRUCKLER
and PETER BRUCKLER,
Plaintiffs,
Vv.
IN THE OFFICE OF THE
ROBERT DEFELICE, in his capacity as FOR THE Gatien 5: SEX
Athletic Director of Bentley University, and
TOWN OF WATERTOWN. OCT 61 2018
Defendants/Third Party Plaintiff,
Vv. | FEO we
CIVIL ACTION NO. 1581CV05851-H
TOWN OF WATERTOWN, (As Consolidated)
Third Party Defendant,
Vv.
BENTLEY UNIVERSITY,
Fourth-Party Defendant.
JOSEPH BRUCKLER, CAROLYN BRUCKLER
and PETER BRUCKLER.
Plaintiffs,
Vv.
ATHLETICA, INC., and
ATHLETICA SPORT SYSTEMS, INC.
Defendants.
JOINT EMERGENCY MOTION TO EXTEND DEADLINE FOR FILING SUPERIOR
COURT RULE 9A PACKAGE RELATING TO DEFENDANTS’ MOTIONS FOR
SUMMARY JUDGMENT
NOW COME all parties, and move that this Honorable Court enlarge the tracking order
deadline for the filing of the Superior Court Rule 9A Packages relating to all motions for
summary judgment in this action (“Superior Court Rule 9A Packages”) by two weeks, to
October 15, 2018. Under the current tracking order, the date for filing the Superior Court Rule
9A Packages is October 1, 2018
In support of this motion, the parties state as follows
1 This case concerns a claim for personal injuries which Plaintiffs allege Joseph Bruckler
(“Bruckler) sustained on February 15, 2014 while participating in a collegiate hockey game
taking place at the John A. Ryan Skating Arena in Watertown, Massachusetts (the “arena”).
2. Each of the Defendants served motions for summary judgment in accordance with
Superior Court Rule 9A, as to the Plaintiffs claims. Accordingly, there are three separate
Superior Court Rule 9A Packages to be filed
3 Due to the number of motions served, the parties agreed to brief extensions of time for
the service of oppositions.
4 Oppositions have been received via email, but the originals of all oppositions
submissions have not been received by the moving parties.
5 In addition, under Superior Court Rule 9A, the moving parties have an additional 10 days
to reply to the oppositions.
6 By their joint motion the Parties seek a modest two week extension of the tracking order
deadline for the filing of the Superior Court Rule 9A Packages. This will allow all parties to
properly respond to each motion and opposition.
7 If the filing deadline is not extended, there will likely be disagreement among the parties
as to the materials to be included in the Superior Court Rule 9A Packages. This will result in
sequential submissions to the Court of some of the above-referenced materials and defeat the
purpose of Superior Court Rule 9A.
8 No party will be prejudiced by the allowance of this motion as is demonstrated by this
joint motion.
WHEREFORE, the parties jointly request that this motion be allowed, and that this
Honorable Court enlarge the tracking order deadline for the filing of the Superior Court Rule 9A
Packages to October 15, 2018.
Respectfully submitted,
Defendant, Athletica Sport Systems, Inc.,
By its attorney,
lint 0 Len
Brian M. Cullen B.B.O. #547427
Law Offices of Steven B. Stein
P.O. Box 2903
Hartford, CT 06104-2903
Direct Dial: (617) 772-2905
Plaintiffs, Joseph Bruckler, Carolyn Bruckler and
Peter Bruckler
By their attorney,
Votedl/. Vntb>2 (Btre)
Robert W. Norton, BBO #550492
Roger J. Donahue, Jr. BBO#129100
Giarrusso, Norton, Cooley & McGlone, P.C.
Marina Bay
308 Victory Road
Quincy, MA 02171
Defendant, Town of Watertown
By its attorney,
Wan 0. devia Lome)
J6hn J. Davis, Esq BBO#115890
John Wilusz, Esq BBO#684950
Pierce, Davis & Perritano, LLP
10 Post Office Square, Suite 1100N
Boston, MA 02109
Defendants, Robert Defelice and Bentley University
By their attorney,
\dhemar 712, Danco
Thomas M. Franco, Esq.
(Omc|
Law Offices of Thomas M. Franco
99 High Street, 25" Floor
Boston, MA 02110
CERTIFICATE OF SERVICE
[hereby certify that a true copy of the foregoing was served upon the attorney of record for each
party by mail.
Date: Gz 4208
Brian M. Cullen
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COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. St TRIAL COURT OF THE COMMONWEALTH SUPERIOR COURT DEPARTMENT JOSEPH BRUCKLER, CAROLYN BRUCKLER and PETER BRUCKLER, Plaintiffs, Vv. IN THE OFFICE OF THE ROBERT DEFELICE, in his capacity as FOR THE Gatien 5: SEX Athletic Director of Bentley University, and TOWN OF WATERTOWN. OCT 61 2018 Defendants/Third Party Plaintiff, Vv. | FEO we CIVIL ACTION NO. 1581CV05851-H TOWN OF WATERTOWN, (As Consolidated) Third Party Defendant, Vv. BENTLEY UNIVERSITY, Fourth-Party Defendant. JOSEPH BRUCKLER, CAROLYN BRUCKLER and PETER BRUCKLER. Plaintiffs, Vv. ATHLETICA, INC., and ATHLETICA SPORT SYSTEMS, INC. Defendants. JOINT EMERGENCY MOTION TO EXTEND DEADLINE FOR FILING SUPERIOR COURT RULE 9A PACKAGE RELATING TO DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT NOW COME all parties, and move that this Honorable Court enlarge the tracking order deadline for the filing of the Superior Court Rule 9A Packages relating to all motions for summary judgment in this action (“Superior Court Rule 9A Packages”) by two weeks, to October 15, 2018. Under the current tracking order, the date for filing the Superior Court Rule 9A Packages is October 1, 2018 In support of this motion, the parties state as follows 1 This case concerns a claim for personal injuries which Plaintiffs allege Joseph Bruckler (“Bruckler) sustained on February 15, 2014 while participating in a collegiate hockey game taking place at the John A. Ryan Skating Arena in Watertown, Massachusetts (the “arena”). 2. Each of the Defendants served motions for summary judgment in accordance with Superior Court Rule 9A, as to the Plaintiffs claims. Accordingly, there are three separate Superior Court Rule 9A Packages to be filed 3 Due to the number of motions served, the parties agreed to brief extensions of time for the service of oppositions. 4 Oppositions have been received via email, but the originals of all oppositions submissions have not been received by the moving parties. 5 In addition, under Superior Court Rule 9A, the moving parties have an additional 10 days to reply to the oppositions. 6 By their joint motion the Parties seek a modest two week extension of the tracking order deadline for the filing of the Superior Court Rule 9A Packages. This will allow all parties to properly respond to each motion and opposition. 7 If the filing deadline is not extended, there will likely be disagreement among the parties as to the materials to be included in the Superior Court Rule 9A Packages. This will result in sequential submissions to the Court of some of the above-referenced materials and defeat the purpose of Superior Court Rule 9A. 8 No party will be prejudiced by the allowance of this motion as is demonstrated by this joint motion. WHEREFORE, the parties jointly request that this motion be allowed, and that this Honorable Court enlarge the tracking order deadline for the filing of the Superior Court Rule 9A Packages to October 15, 2018. Respectfully submitted, Defendant, Athletica Sport Systems, Inc., By its attorney, lint 0 Len Brian M. Cullen B.B.O. #547427 Law Offices of Steven B. Stein P.O. Box 2903 Hartford, CT 06104-2903 Direct Dial: (617) 772-2905 Plaintiffs, Joseph Bruckler, Carolyn Bruckler and Peter Bruckler By their attorney, Votedl/. Vntb>2 (Btre) Robert W. Norton, BBO #550492 Roger J. Donahue, Jr. BBO#129100 Giarrusso, Norton, Cooley & McGlone, P.C. Marina Bay 308 Victory Road Quincy, MA 02171 Defendant, Town of Watertown By its attorney, Wan 0. devia Lome) J6hn J. Davis, Esq BBO#115890 John Wilusz, Esq BBO#684950 Pierce, Davis & Perritano, LLP 10 Post Office Square, Suite 1100N Boston, MA 02109 Defendants, Robert Defelice and Bentley University By their attorney, \dhemar 712, Danco Thomas M. Franco, Esq. (Omc| Law Offices of Thomas M. Franco 99 High Street, 25" Floor Boston, MA 02110 CERTIFICATE OF SERVICE [hereby certify that a true copy of the foregoing was served upon the attorney of record for each party by mail. Date: Gz 4208 Brian M. Cullen