On December 29, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Stone, Stephen,
and
Massachusetts State Police,
for Civil Actions with Incarcerated Party
in the District Court of Norfolk County.
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COMMONWEALTH OF MASSACHUSETTS
NORFOLK, ss. SUPERIOR COURT DEPARTME}
: C.A. NO. 1682CV01625
STEPHEN STONE,
Plaintiff
v.
MASSACHUSETTS STATE POLICE,
Defendant.
SSeS SY
JOINT MOTION TO REINSTATE CASE ON DOCKET AND ~
FOR A HEARING ON THE PENDING MOTIONS OR A DECISION ON THE PAPERS
Plaintiff Stephen Stone and Defendant Massachusetts State Police (“MSP”) respectfully
request that this Court lift the stay ordered by the Court on February 15, 201 8, and reinstate the
case on the docket. The parties also respectfully request a hearing date and/or a decision on the
papers for the pending motions: 1) MSP’s motion to dismiss the Complaint pursuant to Mass. R.
Civ. P. 12(b)(1) and 12(b)(6), 2) Plaintiff's motion to amend, and 3) Plaintiff's motion to default.
As grounds, the parties state:
1. This case involves allegations of tortious action by MSP in investigating a motor vehicle
accident on Interstate 93 North near Canton, MA involving Plaintiff in June 2015.
2. Plaintiff had been held in custody with criminal charges arising from the investigation
until approximately July 1, 2020. -
3. On May 26, 2017, MSP filed a Motion to Dismiss the Complaint pursuant to Mass. R.
Civ. P. 12(b)(1) and 12(6)(6). [Dkt. Nos. 13, 13.1].
4.. On June 30, 2017, the Court ordered Plaintiff to file any opposition to Defendant’s
motion to dismiss on or before September 29, 2017. : :
Pant Nebryn To KEMAMTE TO
1 We ctel —Eftbcn vy 70 flere
[IW JY of Pre ceedmsy ip Me
LEZ Wofhe5. On July 28, 2017, Plaintiff filed an Opposition to Defendant’s motion to dismiss. [Dkt.
No. 15].
6. On October 4, 2017, Plaintiff filed a Further Opposition to MSP’s motion to dismiss and
a Motion to Amend the Complaint. [Dkt. No. 17].
7. On November 22, 2017, Defendant filed a Reply and Opposition to Plaintiff's further
opposition and motion to amend. [Dkt. No. 19].
8. On December 14, 2017, Plaintiff filed a Motion to Default a Party. [Dkt. No. 20].
9. On December 26, 2017, Defendant filed an Opposition to Plaintiff's motion to default.
{Dkt. No. 21].
10. On February 15, 2018, the Court ordered a stay in this case, pending restoration of
Plaintiff to competency.
11. On August 26, 2019, prior counsel for MSP (Assistant Attorney General Kate R. Isley)
responded to the Court’s order for status review her understanding that Plaintiff regained
competency and pled guilty to his open criminal cases on September 21, 2018.
12. Plaintiff was released from Souza-Baranowski Correctional Facility to the Plymouth
House of Corrections around May 14, 2020.
13. Plaintiff was released from custody as of July 1, 2020.
14, Plaintiff and Defendant spoke by telephone on July 30, 2020 and agreed to file this joint
motion.
WHEREFORE, in light of the restoration of Plaintiff to competency and his release from
custody, the parties respectfully request that this Court lift the stay in the case, reinstate the case
on the docket, and set a hearing date and/or rule on the papers with regard to MSP’s motion to
dismiss, Plaintiff's motion to amend, and Plaintiff's motion to default.
Document Filed Date
September 09, 2020
Case Filing Date
December 29, 2016
Category
Civil Actions with Incarcerated Party
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COMMONWEALTH OF MASSACHUSETTS NORFOLK, ss. SUPERIOR COURT DEPARTME} : C.A. NO. 1682CV01625 STEPHEN STONE, Plaintiff v. MASSACHUSETTS STATE POLICE, Defendant. SSeS SY JOINT MOTION TO REINSTATE CASE ON DOCKET AND ~ FOR A HEARING ON THE PENDING MOTIONS OR A DECISION ON THE PAPERS Plaintiff Stephen Stone and Defendant Massachusetts State Police (“MSP”) respectfully request that this Court lift the stay ordered by the Court on February 15, 201 8, and reinstate the case on the docket. The parties also respectfully request a hearing date and/or a decision on the papers for the pending motions: 1) MSP’s motion to dismiss the Complaint pursuant to Mass. R. Civ. P. 12(b)(1) and 12(b)(6), 2) Plaintiff's motion to amend, and 3) Plaintiff's motion to default. As grounds, the parties state: 1. This case involves allegations of tortious action by MSP in investigating a motor vehicle accident on Interstate 93 North near Canton, MA involving Plaintiff in June 2015. 2. Plaintiff had been held in custody with criminal charges arising from the investigation until approximately July 1, 2020. - 3. On May 26, 2017, MSP filed a Motion to Dismiss the Complaint pursuant to Mass. R. Civ. P. 12(b)(1) and 12(6)(6). [Dkt. Nos. 13, 13.1]. 4.. On June 30, 2017, the Court ordered Plaintiff to file any opposition to Defendant’s motion to dismiss on or before September 29, 2017. : : Pant Nebryn To KEMAMTE TO 1 We ctel —Eftbcn vy 70 flere [IW JY of Pre ceedmsy ip Me LEZ Wofhe5. On July 28, 2017, Plaintiff filed an Opposition to Defendant’s motion to dismiss. [Dkt. No. 15]. 6. On October 4, 2017, Plaintiff filed a Further Opposition to MSP’s motion to dismiss and a Motion to Amend the Complaint. [Dkt. No. 17]. 7. On November 22, 2017, Defendant filed a Reply and Opposition to Plaintiff's further opposition and motion to amend. [Dkt. No. 19]. 8. On December 14, 2017, Plaintiff filed a Motion to Default a Party. [Dkt. No. 20]. 9. On December 26, 2017, Defendant filed an Opposition to Plaintiff's motion to default. {Dkt. No. 21]. 10. On February 15, 2018, the Court ordered a stay in this case, pending restoration of Plaintiff to competency. 11. On August 26, 2019, prior counsel for MSP (Assistant Attorney General Kate R. Isley) responded to the Court’s order for status review her understanding that Plaintiff regained competency and pled guilty to his open criminal cases on September 21, 2018. 12. Plaintiff was released from Souza-Baranowski Correctional Facility to the Plymouth House of Corrections around May 14, 2020. 13. Plaintiff was released from custody as of July 1, 2020. 14, Plaintiff and Defendant spoke by telephone on July 30, 2020 and agreed to file this joint motion. WHEREFORE, in light of the restoration of Plaintiff to competency and his release from custody, the parties respectfully request that this Court lift the stay in the case, reinstate the case on the docket, and set a hearing date and/or rule on the papers with regard to MSP’s motion to dismiss, Plaintiff's motion to amend, and Plaintiff's motion to default.