Case: Nunes v. UMass Correctional Health

COMPLAINT against All Defendants Filing fee: $ 350, receipt number 0101−3160230 (Fee Status: Filing Fee paid), filed by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe. (Thompson, Joel) (Entered: 11/22/2010)

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cummings, Mary) (Entered: 11/22/2010)

Civil Cover Sheet &Category Sheet re 1 Complaint by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe. (Attachments: # 1 Local Category Form)(Thompson, Joel) (Main Document 3 replaced on 12/6/2010) (Johnson, Jay). (Entered: 11/22/2010)

ELECTRONIC NOTICE of Case Assignment. Judge Rya W. Zobel assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Chief Magistrate Judge Judith G. Dein. (Cummings, Mary) (Entered: 11/22/2010)

SUMMONS Returned Executed Judith Steinberg served on 11/29/2010, answer due 12/20/2010. (Thompson, Joel) (Entered: 12/03/2010)

SUMMONS Returned Executed Leonard McGuire served on 11/29/2010, answer due 12/20/2010. (Thompson, Joel) (Entered: 12/03/2010)

SUMMONS Returned Executed Thomas Groblewski served on 11/29/2010, answer due 12/20/2010. (Thompson, Joel) (Entered: 12/03/2010)

SUMMONS Returned Executed Warren Ferguson served on 11/29/2010, answer due 12/20/2010. (Thompson, Joel) (Entered: 12/03/2010)

SUMMONS Returned Executed Massachusetts Department of Correction served on 11/26/2010, answer due 12/17/2010. (Thompson, Joel) (Entered: 12/03/2010)

SUMMONS Returned Executed Peter Heffernan served on 12/6/2010, answer due 12/27/2010. (Thompson, Joel) (Entered: 12/13/2010)

NOTICE of Appearance by Jennifer N. Pierce on behalf of Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health (Pierce, Jennifer) (Entered: 12/20/2010)

NOTICE of Appearance by James A. Bello on behalf of Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health (Bello, James) (Entered: 12/20/2010)

ANSWER to 1 Complaint with Jury Demand by Thomas Groblewski.(Bello, James) (Entered: 12/20/2010)

ANSWER to 1 Complaint with Jury Demand by Warren Ferguson.(Bello, James) (Entered: 12/20/2010)

ANSWER to 1 Complaint with Jury Demand by Leonard McGuire.(Bello, James) (Entered: 12/20/2010)

ANSWER to 1 Complaint with Jury Demand by Judith Steinberg.(Bello, James) (Entered: 12/20/2010)

MOTION to Dismiss by UMass Correctional Health.(Pierce, Jennifer) (Entered: 12/20/2010)

MEMORANDUM in Support re 17 MOTION to Dismiss filed by UMass Correctional Health. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Pierce, Jennifer) (Entered: 12/20/2010)

NOTICE of Appearance by Sheryl F. Grant on behalf of Peter Heffernan, Massachusetts Department of Correction (Grant, Sheryl) (Entered: 12/23/2010)

MOTION for Extension of Time to January 28, 2011 to File Answer by Peter Heffernan, Massachusetts Department of Correction.(Grant, Sheryl) (Entered: 12/23/2010)

Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 20 Motion for Extension of Time to Answer re 1 Complaint Peter Heffernan answer due 1/28/2011; Massachusetts Department of Correction answer due 1/28/2011. (Urso, Lisa) (Entered: 12/28/2010)

MEMORANDUM in Opposition re 17 MOTION to Dismiss filed by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe. (Attachments: # 1 Exhibit)(Thompson, Joel) (Entered: 01/03/2011)

Response/Opposition to Plaintiffs' Requests for Preliminary and Permanent Injunctions by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Pierce, Jennifer) Modified on 1/6/2011 (Johnson, Jay). (Entered: 01/05/2011)

NOTICE of Scheduling Conference Scheduling Conference set for 2/2/2011 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) Modified on 1/6/2011 (Johnson, Jay). (Entered: 01/06/2011)

Motions terminated 22 MOTION re 1 Complaint Opposition to Plaintiffs' Requests for Preliminary and Permanent Injunctions MOTION re 1 Complaint Opposition to Plaintiffs' Requests for Preliminary and Permanent Injunctions filed by Judith Steinberg, Warren Ferguson, Thomas Groblewski, Leonard McGuire. (FILING IS A RESPONSE TO A REQUEST WITHIN THE COMPLAINT, NOT A MOTION) (Johnson, Jay) (Entered: 01/06/2011)

JOINT SUBMISSION pursuant to Local Rule 16.1 by Carl Coe, John Doe, Warren Ferguson, Thomas Groblewski, Peter Heffernan, Massachusetts Department of Correction, Leonard McGuire, Richard Nunes, Peter Poe, Richard Roe, Judith Steinberg, UMass Correctional Health.(Thompson, Joel) (Entered: 01/26/2011)

CERTIFICATION pursuant to Local Rule 16.1 by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health.(Pierce, Jennifer) (Entered: 01/28/2011)

ANSWER to 1 Complaint with Jury Demand by Peter Heffernan, Massachusetts Department of Correction.(Grant, Sheryl) (Entered: 01/28/2011)

ELECTRONIC NOTICE Resetting scheduling conference to 2/9 at 2:00 p.m.. (Urso, Lisa) (Entered: 02/01/2011)

MOTION for Preliminary Injunction by Richard Nunes.(Thompson, Joel) (Entered: 02/04/2011)

MEMORANDUM in Support re 27 MOTION for Preliminary Injunction filed by Richard Nunes. (Attachments: # 1 Exhibit Affidavit of Richard Nunes, # 2 Exhibit Affidavit of Jon Fuller, M.D., # 3 Notice of Filing − Exhibits 3 − 24)(Thompson, Joel) (Entered: 02/04/2011)

NOTICE OF MANUAL FILING by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe Exhibits re 28 Memorandum in Support of Motion (Johnson, Jay) (Entered: 02/08/2011)

EXHIBITS re 28 Memorandum in Support of Motion by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe. (Documents Restricted Due to Personal Identifiers) (Johnson, Jay) (Entered: 02/08/2011)

CERTIFICATION pursuant to Local Rule 16.1 by Massachusetts Department of Correction and Peter Heffernan . (Grant, Sheryl) (Entered: 02/08/2011)

CERTIFICATION pursuant to Local Rule 16.1 for John Doe . (Thompson, Joel) (Entered: 02/08/2011)

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Peter Poe . (Thompson, Joel) (Entered: 02/08/2011)

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Richard Roe . (Thompson, Joel) (Entered: 02/08/2011)

NOTICE of Appearance by Tatum A. Pritchard on behalf of Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe (Pritchard, Tatum) (Entered: 02/08/2011)

CERTIFICATE OF SERVICE pursuant to LR 5.2 by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe re 35 Notice of Appearance. (Pritchard, Tatum) (Entered: 02/09/2011)

ELECTRONIC Clerk's Notes for proceedings held before Judge Rya W. Zobel: Scheduling Conference held on 2/9/2011, Set Deadlines/Hearing as to 27 MOTION for Preliminary Injunction :( Responses due by 3/4/2011, Replies due by 3/11/2011.), Further Scheduling Conference set for 9/8/2011 02:00 PM in Courtroom 12 before Judge Rya W. Zobel.). Limited fact discovery 8/31/11; (Court Reporter: No Court Reporter Used.)(Attorneys present: Thompson, Pritchard, Bello &Grant) (Urso, Lisa) (Entered: 02/10/2011)

Set/Reset Deadlines: (limited) Discovery to be completed by 8/31/2011. (Urso, Lisa) (Entered: 02/10/2011)

Opposition re 27 MOTION for Preliminary Injunction filed by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg. (Attachments: # 1 Exhibit Affidavit of Carlos Flores, N.P., # 2 Exhibit 2, # 3 Exhibit Affidavit of Carole Lyman, # 4 Exhibit Affidavit of Jamie Brown, # 5 Exhibit Affidavit of Scott Anderson, # 6 Exhibit Affidavit of Peter Heffernan, # 7 Exhibit Affidavit of Tom Groblewski, D.O., # 8 Exhibit Affidavit of Erik Hamel, Pharm.D., BCPS, # 9 Errata 9)(Pierce, Jennifer) (Entered: 03/04/2011)

NOTICE by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg re 37 Opposition to Motion,, of Filing With Clerk's Office (Pierce, Jennifer) (Entered: 03/04/2011)

MEMORANDUM in Opposition re 27 MOTION for Preliminary Injunction filed by Peter Heffernan, Massachusetts Department of Correction. (Attachments: # 1 Exhibit 1−−Justice Rufo's Decision, # 2 Exhibit 2−−PLCV09−00135 Docket, # 3 Exhibit 3−−Complaint in PLCV09−00135, # 4 Exhibit 4−−PI Motion In PLCV09−00135, # 5 Exhibit 5−Stipulation of Dismissal in PLCV09−00135, # 6 Exhibit 6−Affidavit of Scott Anderson, # 7 Exhibit 7−−Affidavit of Peter Heffernan, # 8 Exhibit 8−−Affidavit of Jamie Brown, # 9 Exhibit 9−−Photograph, # 10 Exhibit 10−Affidavit of Carol Lawton, # 11 Exhibit 11−Affidavit of John O'Brien, # 12 Exhibit 12−−Incident Report, # 13 Exhibit 13−−CD−Rom being manually filed, # 14 Exhibit 14−Affidavit of Tom Groblewski, # 15 Exhibit 15−Affidavit of Erik Hamel, # 16 Exhibit 16−Affidavit of Carlos Flores, # 17 Exhibit 17−Affidavit of Carole Lyman)(Grant, Sheryl) (Entered: 03/04/2011)

NOTICE OF MANUAL FILING by Peter Heffernan, Massachusetts Department of Correction re 39 Memorandum in Opposition to Motion,,, of Exhibit 13 (Grant, Sheryl) (Entered: 03/04/2011)

EXHIBIT 13 with attached CD−Rom containing Video Footage re 39 Memorandum in Opposition to Motion,,, by Massachusetts Department of Correction. (Johnson, Jay) (Main Document 43 replaced on 3/8/2011) (Johnson, Jay). (Entered: 03/08/2011)

CERTIFICATION pursuant to Local Rule 16.1 . (Thompson, Joel) (Entered: 03/08/2011)

CERTIFICATION pursuant to Local Rule 16.1 from Richard Nunes . (Thompson, Joel) (Entered: 03/08/2011)

REPLY to Response to 27 MOTION for Preliminary Injunction filed by Richard Nunes. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Thompson, Joel) (Entered: 03/11/2011)

Judge Rya W. Zobel: ORDER entered. re 27 MOTION for Preliminary Injunction filed by Richard Nunes, (Hearing set for 4/12/2011 03:00 PM in Courtroom 12 before Judge Rya W. Zobel.)(Urso, Lisa)

STIPULATION for Entry of a Protective Order for the Protection of Confidential Information by Carl Coe, John Doe, Warren Ferguson, Thomas Groblewski, Peter Heffernan, Massachusetts Department of Correction, Leonard McGuire, Richard Nunes, Peter Poe, Richard Roe, Judith Steinberg. (Attachments: # 1 Exhibit 1)(Pierce, Jennifer) (Entered: 03/28/2011)

Judge Rya W. Zobel: ORDER entered. PROTECTIVE ORDER(Urso, Lisa) (Entered: 04/08/2011)

ELECTRONIC Clerk's Notes for proceedings held before Judge Rya W. Zobel: Motion Hearing held on 4/12/2011 re 27 MOTION for Preliminary Injunction filed by Richard Nunes, Plaintiff to file form in 2 weeks; ( Status Report due by 4/26/2011). (Court Reporter: Catherine Handel at 617−261−0555.)(Attorneys present: Thompson, Pritchard, Bello &Grant) (Urso, Lisa) (Entered: 04/13/2011)

MOTION for Extension of Time to April 28, 2011 to File Status Report by Richard Nunes.(Thompson, Joel) (Entered: 04/26/2011)

NOTICE of Withdrawal of Appearance by Jennifer N. Pierce (Pierce, Jennifer) (Entered: 04/27/2011)

NOTICE of Appearance by Christopher Quinn on behalf of Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health (Quinn, Christopher) (Main Document 52 replaced on 4/27/2011) (Johnson, Jay). (Entered: 04/27/2011)

CERTIFICATE OF SERVICE pursuant to LR 5.2 by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health re 52 Notice of Appearance. (Quinn, Christopher) (Entered: 04/27/2011)

Set/Reset Deadlines: Status Report due by 4/28/2011 (Urso, Lisa) (Entered: 04/27/2011)

Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 50 Motion for Extension of Time (Urso, Lisa) (Entered: 04/27/2011)

STATUS REPORT by Richard Nunes. (Attachments: # 1 Affidavit Affidavit of Richard Nunes)(Thompson, Joel) (Entered: 04/28/2011)

NOTICE of Change of Address or Firm Name by Joel H. Thompson (Thompson, Joel) (Entered: 05/04/2011)

NOTICE of Change of Address or Firm Name by Tatum A. Pritchard (Pritchard, Tatum) (Entered: 05/04/2011)

Judge Rya W. Zobel: ORDER entered. re 27 MOTION for Preliminary Injunction filed by Richard Nunes; Defendants have until 6/3/11 to amend accommodations; (Urso, Lisa)

STATUS REPORT Regarding the Plaintiff Richard Nunes' Request for Accommodations by Massachusetts Department of Correction, UMass Correctional Health. (Grant, Sheryl) (Entered: 06/03/2011)

NOTICE OF MANUAL FILING by Massachusetts Department of Correction, UMass Correctional Health Exhibits A−F re 58 Status Report (Grant, Sheryl) (Entered: 06/03/2011)

EXHIBITS A−F re 58 Status Report by Massachusetts Department of Correction, UMass Correctional Health. (Johnson, Jay) (Entered: 06/06/2011)

Plaintiff Richard Nunes Response to 63 Status Report by Defendants. (Attachments: # 1 Affidavit Affidavit of Joel Thompson)(Thompson, Joel) Modified on 6/7/2011 (Johnson, Jay). (Entered: 06/06/2011)

APPENDIX/EXHIBIT re 61 Status Report Response by Richard Nunes. (Pritchard, Tatum) (Entered: 06/14/2011)

Joint MOTION for Extension of Time to 11/30/2011 to Complete Discovery by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe.(Thompson, Joel) (Entered: 08/16/2011)

Judge Rya W. Zobel: ENDORSED ORDER entered granting 63 Motion for Extension of Time to Complete Discovery Discovery to be completed by 11/30/2011 (Urso, Lisa) (Entered: 08/31/2011)

Set/Reset Deadlines: Status Report due by 12/9/2011 (Urso, Lisa) (Entered: 08/31/2011)

ELECTRONIC ENDORSEMENT re 64 Status Report filed by Richard Nunes. Defendants shall file a response on or before 9/27/11. (Urso, Lisa) (Entered: 09/23/2011)

STATUS REPORT Joint by Massachusetts Department of Correction, UMass Correctional Health. (Attachments: # 1 Exhibit, # 2 Exhibit)(Quinn, Christopher) (Entered: 09/27/2011)

Judge Rya W. Zobel: ORDER entered denying 27 Motion for Preliminary Injunction (Urso, Lisa)

Joint MOTION to Take Deposition from Plaintiffs, Richard Nunes, Carle Coe, John Doe, Peter Poe and Richard Roe by UMass Correctional Health.(Quinn, Christopher) (Entered: 10/18/2011)

Opposition re 67 Joint MOTION to Take Deposition from Plaintiffs, Richard Nunes, Carle Coe, John Doe, Peter Poe and Richard Roe filed by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe. (Thompson, Joel) (Entered: 10/24/2011)

MOTION to Amend 1 Complaint by Richard Nunes. (Attachments: # 1 Affidavit, # 2 Exhibits restricted due to personal identifiers , # 3 Amended Complaint, # 4 Certificate of Service)(Johnson, Jay) Modified on 10/27/2011 (Johnson, Jay). (Entered: 10/27/2011)

MOTION to Seal Document 69 MOTION to Amend 1 Complaint − Exhibits to Affidavit by Richard Nunes.(Thompson, Joel) (Entered: 11/02/2011)

MOTION to Withdraw as Attorney for Richard Nunes by Richard Nunes.(Thompson, Joel) (Entered: 11/02/2011)

MOTION to Seal Document 71 MOTION to Withdraw as Attorney for Richard Nunes (Affidavit of Counsel) by Richard Nunes.(Thompson, Joel) (Entered: 11/02/2011)

ANSWER to 1 Complaint with Jury Demand by UMass Correctional Health.(Quinn, Christopher) (Entered: 11/07/2011)

REPLY to Response to 67 Joint MOTION to Take Deposition from Plaintiffs, Richard Nunes, Carle Coe, John Doe, Peter Poe and Richard Roe filed by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health. (Quinn, Christopher) (Entered: 11/08/2011)

Opposition re 71 MOTION to Withdraw as Attorney for Richard Nunes filed by Richard Nunes. (Request for oral argument) (Attachments: # 1 Exhibit A)(Johnson, Jay) (Entered: 11/09/2011)

Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 72 Motion to Seal Document (Urso, Lisa) (Entered: 11/08/2011)

Response by Richard Nunes to the 77 affidavit of Joel H. Thompson in Support of Motion to Withdraw Appearance. (Attachments: # 1 Exhibit A)(Johnson, Jay) Modified on 11/15/2011 (Johnson, Jay). (Entered: 11/15/2011)

SEALED DOCUMENT: Affidavit in Support of 71 MOTION to Withdraw as Attorney for Richard Nunes by Richard Nunes.. (Attachments: # 1 Exhibit 1−4)(Johnson, Jay) (Entered: 11/15/2011)

Letter/request (non−motion) from Richard Nunes requesting docket sheet. (Johnson, Jay) (Entered: 11/28/2011)

DOCKET SHEET sent to Richard Nunes (Johnson, Jay) (Entered: 11/28/2011)

MOTION for Extension of Time to 01/31/2012 to Complete Discovery by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe.(Thompson, Joel) (Entered: 11/29/2011)

Judge Rya W. Zobel: ENDORSED ORDER entered denying 69 Motion to Amend(never docketed) (Urso, Lisa) (Entered: 12/20/2011)

ELECTRONIC Clerk's Notes for proceedings held before Judge Rya W. Zobel: denying 71 Motion to Withdraw as Attorney. by agreement of the parties ; Telephone Conference held on 12/20/2011. (Court Reporter: Catherine Handel at 617−261−0555.)(Attorneys present: Thompson, Pritchard &Mr. Nunes by phone) (Urso, Lisa) (Entered: 12/20/2011)

Judge Rya W. Zobel: ENDORSED ORDER entered granting 67 Motion to Take Deposition of Richard Nunes ; granting 70 Motion to Seal Document (Urso, Lisa) (Entered: 12/28/2011)

Joint MOTION for Extension of Time to 7/31/2012 to Complete Discovery by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe.(Thompson, Joel) (Entered: 01/24/2012)

Judge Rya W. Zobel: ENDORSED ORDER entered granting 80 Motion for Extension of Time to Complete Discovery Discovery to be completed by 7/31/2012; a further conference is set for 8/8/12 at 2:00 p.m. (Urso, Lisa) (Entered: 01/26/2012)

Set/Reset Hearings: Further Scheduling Conference set for 8/8/2012 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 01/26/2012)

Joint MOTION for Extension of Time to 08/31/2012 to Complete Discovery by Carl Coe, John Doe, Warren Ferguson, Thomas Groblewski, Peter Heffernan, Massachusetts Department of Correction, Leonard McGuire, Richard Nunes, Peter Poe, Richard Roe, Judith Steinberg, UMass Correctional Health.(Thompson, Joel) (Entered: 07/02/2012)

Judge Rya W. Zobel: ENDORSED ORDER entered granting 81 Motion for Extension of Time to Complete Discovery Discovery to be completed by 8/31/2012. A further scheduling conference is REset to 9/11/12 at 2:30 p.m. (Urso, Lisa) (Entered: 07/11/2012)

Set/Reset Hearings: Scheduling Conference REset for 9/11/2012 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 07/11/2012)

ELECTRONIC Clerk's Notes for proceedings held before Judge Rya W. Zobel: Further Scheduling Conference held on 9/11/2012, Set Deadlines/Hearing as to ( Responses due by 1/31/2013, 5 page Replies due by 2/8/2013., Motion Hearing set for 2/26/2013 02:00 PM in Courtroom 12 before Judge Rya W. Zobel.), ( Motions due by 12/14/2012). (Court Reporter: No Court Reporter Used.)(Attorneys present: Thompson, Bell &Grant) (Urso, Lisa) (Entered: 09/13/2012)

NOTICE of Appearance by Robert V. Delanders on behalf of Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health (Delanders, Robert) (Entered: 12/07/2012)