Stipulation,Agreement: Craig M. Newfield as Personal Representative of the Estate of Talia C. Newfield et al vs. Berry, Robert W. et al

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                               COMMONWEALTH OF MASSACHUSETTS

NORFOLK, ss.                                               SUPERIOR COURT DEPT.
                                                           OF THE TRIAL COURT
                                                           CIVIL ACTION NO. 1882CV01117


CRAIG M. NEWFIELD, AS PERSONAL
REPRESENTATIVE OF THE ESTATE



                                                                                       Jd
OF TALIA C. NEWFIELD AND PEDRO
GARRIDO AND BLAIR MANNING-GARRIDO,
AS CO-PERSONAL REPRESENTATIVES OF
                                                                       ji) 208
                                                                                 tA
THE ESTATE OF ADRIENNE GARRIDO
                                                                     A\l
                  Plaintiffs
                                                                     —<——                           RECEIVED &’FILED.
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                                                                aK an                          CLERK © r, THE   COURT:
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                                                                                                   “NORFOLK COUNTY:
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ROBERT W. BERRY, DANIA

                                                                           Lap In)
ANTOINE-GUITEAU AND SANDRA                                                                             Walt
PICARD
           Defendants



                                STIPULATED PROTECTIVE ORDER

           The Plaintiffs and the Defendant Robert Berry, in recognition of the following facts:

           1)     A   motor    vehicle   collision   occurred   on    February   10,   2018   in   Needham,

Massachusetts resulting in the deaths of two pedestrians, Talia C. Newfield and Adrienne

Garrido.

           2)     As a result of the accident, the above-captioned wrongful death action was filed in

which Robert Berry was named as a defendant.

           3)     As a result of the accident, the Commonwealth commenced criminal proceedings

against Robert Berry in this Court, Commonwealth v. Robert Berry, No. 1882-CR-00244.

           4)     Robert Berry has filed a Motion to Stay Proceedings and for Protective Order in

this Court, which the Plaintiffs have opposed.          The principal objective of that Motion was to
avoid any circumstance in responding to discovery requests where Mr. Berry would have to

decide whether to assert his Fifth Amendment privilege or not.

        5)       After consultation, the parties are in agreement that discovery could proceed

except with respect to any circumstances where Mr. Berry would have to decide whether to

assert his Fifth Amendment privilege or not in responding to discovery requests directed to him.

        And     consequently,   the   Plaintiffs   and    Defendant    Robert   Berry   by   their   counsel,

requestthat the following Protective Order be issued by the Court:

        A.       Until such time as said criminal proceedings are resolved or until further order of

this Court, the Defendant Robert Berry’s obligation to respond to discovery requests directed to

him, including but not limited to interrogatories, requests for production, requests for admissions

or any deposition of Robert Berry, is stayed.

        B        Unless otherwise ordered by the Court, all other discovery may proceed in the

usual course.

        C.       This Order is without prejudice to the right of any party to seek review or

modification of this Order under appropriate circumstances.


                                                   CRAIG NEWFIELD, AS PERSONAL
                                                   REPRESENTATIVE OF THE ESTATE OF
                                                   TALIA NEWFIELD

                                                   By his Attorneys,



                                                         Veninnk          C.    Lr   blene
                                                   Marianne C. LeBlanc, Esquire (BBO#564587)
                                                   mleblanc@sugarman.com
                                                   Sugarman and Sugarman, P.C.
                                                   The Prudential Tower
                                                   800 Boylston Street, 30" Floor
                                                   Boston, MA     02199


                                                    -2-
Tel. 617.542.1000
                                Fax 617.542.1359



                                PEDRO GARRIDO AND BLAIR MANNING
                                GARRIDO, CO-PERSONAL
                                REPRESENTATIVES OF THE ESTATE OF
                                ADRIENNE GARRIDO

                                By their Attorneys,


                                  Skvon        &      bonis          Yer",
                                Steven B. Boris, Esquire (BBO#049950)
                                sboris@krasnowkellerboris.com
                                Krasnow, Keller & Boris, P.C.
                                665 Franklin Street
                                Framingham, MA 01702
                                Tel. 508.872.2710
                                Fax. 508.875.8273



                                ROBERT BERRY




                                Robert A. Curley, Esquire [pBot 109180)
                                rac@curleylaw.com
                                Curley & Curley, P.C.
                                35 Braintree Hill Office Park, Suite 103
                                Braintree, MA 02184
                                Tel. (617) 523-2990/ Fax. (617) 523-7602

                  As                 Marembes
So ordered this        day of                                      2018.


                                          (Kirpebone,         3)
                                Justice, Superior Court
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