Case: Battista v. Clarke

Battista v. Dennehy

Battista v. Dennehy

Battista v. Dennehy

Battista v. Dennehy

Battista v. Dennehy

Battista v. Dennehy

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the First Circuit

Application to Proceed Without Prepayment of Fees and Affidavit by Sandy J. Battista.(Jenness, Susan) (Entered: 07/11/2005)

MOTION for Leave to Proceed in forma pauperis by Sandy J. Battista.(Jenness, Susan) (Entered: 07/11/2005)

Verified COMPLAINT against Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes, UMass Correctional Health Program Filing fee: $ 0.00, receipt number 0.00, filed by Sandy J. Battista. (Attachments: # 1 Civil Cover Sheet)(Jenness, Susan) (Entered: 07/11/2005)

2 Civil Cover Sheet

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EXHIBIT re 3 Complaint, by Sandy J. Battista. (Jenness, Susan) (Entered: 07/11/2005)

MEMORANDUM OF LAW in support of Application for Temporary Restraining Order and/or in the alternative for Preliminary Injunction by Sandy J. Battista. (Jenness, Susan) (Entered: 07/11/2005)

Proposed Document(s) submitted by Sandy J. Battista. Document received: Proposed Order to Show Cause. (Jenness, Susan) (Entered: 07/11/2005)

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 Magistrate Judge Dein. (Jenness, Susan)

MOTION for Temporary Restraining Order, or in the alternative, MOTION for Preliminary Injunction, by Sandy J. Battista.(Rynne, Michelle) Additional attachment(s) added on 7/12/2005 (Nici, Richard). (Entered: 07/12/2005)

Judge Douglas P. Woodlock : SHORT ORDER OF NOTICE entered re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Sandy J. Battista,, 3 Complaint, filed by Sandy J. Battista,, 5 Memorandum of Law. Defendant shall file a response by 7/22/05.(Rynne, Michelle) (Entered: 07/12/2005)

Judge Douglas P. Woodlock : ORDER entered granting 1 Motion for Leave to Proceed in forma pauperis, granting 2 Motion for Leave to Proceed in forma pauperis: The Clerk shall issue summonses and the United States Marshal shall serve a copy of the summonses, complaint, and this order upon defendants Kathleen Dennehy, Commissioner, Superintendent Robert Murphy, Steve Fairly, Director of Security, Susan J. Martin, Director of Health Services, Gregory J. Hughes, LICSW, and U. Mass. Correctional Health Program, as directed by plaintiff with all costs of service to be advanced by the United States. (Greenberg, Rebecca) (Entered: 07/13/2005)

Summons Issued as to Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes, UMass Correctional Health Program. (Greenberg, Rebecca)

Opposition re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (McFarland, Richard) (Entered: 07/22/2005)

MEMORANDUM in Opposition re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # 1)(McFarland, Richard) (Entered: 07/22/2005)

MOTION for Leave to File Memorandum of Law in Excess of Twenty Pages by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(McFarland, Richard) (Entered: 07/22/2005)

CERTIFICATE OF SERVICE by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes re 12 MOTION for Leave to File Memorandum of Law in Excess of Twenty Pages, 10 Opposition to Motion, 11 Memorandum in Opposition to Motion. (McFarland, Richard) (Entered: 07/22/2005)

Judge Douglas P. Woodlock : Electronic ORDER entered granting 12 Motion for Leave to File excess pages (Rynne, Michelle)

Response by UMass Correctional Health Program To Plaintiff's Application For A Temporary Restraining Order. (O'Shea, Stephen) Additional attachment(s) added on 8/2/2005 (Nici, Richard). (Entered: 07/27/2005)

Plaintiff's MOTION for Leave to File a reply to opposition of defendant's Kathleen Dennehy, Robert Murphy, Susan Martin, Steven Fairly and Gregory Hughes to Plaintiff's request for a preliminary injunction by Sandy J. Battista.(Nici, Richard) (Entered: 08/02/2005)

Notice of correction to docket made by Court staff. Correction: docket entry #14 corrected because: the document was unsigned. (Nici, Richard)

NOTICE of Plaintiff not to oppose relief requested in response of defendant, UMass Correctional Health Program, to plaintiff's application for a temporary restraining order, and/or in the alternative, for a preliminary injunction by Sandy J. Battista (Nici, Richard). (Entered: 08/04/2005)

Judge Douglas P. Woodlock : Electronic ORDER entered granting 15 Motion for Leave to File reply to motion for preliminary injunction. Reply due 8/18/05. (Rynne, Michelle)

Set/Reset Deadlines as to 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. Replies due by 8/15/2005. (Rynne, Michelle)

SUMMONS Returned Executed Steve Fairly served on 8/3/2005, answer due 8/23/2005. (Nici, Richard) (Entered: 08/08/2005)

SUMMONS Returned Executed Robert Murphy served on 8/3/2005, answer due 8/23/2005. (Nici, Richard) (Entered: 08/08/2005)

MOTION to Dismiss by UMass Correctional Health Program.(O'Shea, Stephen) (Entered: 08/10/2005)

MEMORANDUM in Support re 19 MOTION to Dismiss filed by UMass Correctional Health Program. (O'Shea, Stephen) (Entered: 08/10/2005)

MOTION for Consolidation of Evidentiary Hearings by Sandy J. Battista.(Nici, Richard) (Entered: 08/12/2005)

MOTION for Evidentiary Hearing by Sandy J. Battista.(Nici, Richard) (Entered: 08/12/2005)

REPLY to Response to Motion re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Sandy J. Battista. (Attachments: # 1 Part 2# 2 Part 3)(Nici, Richard) (Entered: 08/15/2005)

2 Part 2

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3 Part 3

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MOTION for Court to call witnesses as it's own by Sandy J. Battista.(Nici, Richard) (Entered: 08/12/2005)

SUMMONS Returned Executed Gregory J. Hughes served on 8/9/2005, answer due 8/29/2005. (Nici, Richard) (Entered: 08/17/2005)

SUMMONS Returned Executed Susan J Martin served on 8/9/2005, answer due 8/29/2005. (Nici, Richard) (Entered: 08/17/2005)

SUMMONS Returned Executed Kathleen M. Dennehy served on 8/8/2005, answer due 8/29/2005. (Nici, Richard) (Entered: 08/17/2005)

SUMMONS Returned Executed UMass Correctional Health Program served on 8/5/2005, answer due 8/25/2005. (Nici, Richard) (Entered: 08/17/2005)

Judge Douglas P. Woodlock : Electronic ORDER entered. ELECTRONIC ORDER REQUIRING ELECTRONIC FILING. It is hereby ORDERED that, unless leave is granted, upon good cause shown, to file paper documents in lieu of electronic filing via this Court's CM/ECF system, ALL future submissions in this case must be electronically filed. Such filings shall be made in accordance with, and subject to, the terms and conditions of electronic filing as set forth by this Court. All parties and counsel who choose to appear in this action must make arrangements to register for participation in electronic case filing, if they have not already done so. It is FURTHER ORDERED that Notices, Orders and Memoranda of the Court will only be filed and served electronically. Once a party or counsel has registered for electronic filing, it is his/her responsibility to monitor his/her e-mail to ensure receipt of electronic notices. Any changes in e-mail addresses must be reported to the Court immediately(Nici, Richard).

MEMORANDUM in Opposition re 19 MOTION to Dismiss filed by Sandy J. Battista. (Nici, Richard) (Entered: 08/25/2005)

MEMORANDUM in Support re 19 MOTION to Dismiss filed by Sandy J. Battista. (Nici, Richard) (Entered: 08/25/2005)

MOTION for Leave to Supplement plaintiff's pending application for a preliminary injunction by Sandy J. Battista.(Nici, Richard) (Entered: 10/20/2005)

AFFIDAVIT of Sandy J. Baptista re 31 MOTION for Leave to File by Sandy J. Battista. (Nici, Richard) (Entered: 10/20/2005)

RESPONSE to Motion re 31 MOTION for Leave to File filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # 1 Affidavit)(McFarland, Richard) (Entered: 10/26/2005)

2 Affidavit

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MOTION to exclude report of Cynthis S. Osbourne and or Motion to strike by Sandy J. Battista.(Nici, Richard) (Entered: 11/08/2005)

MEMORANDUM in Support re 34 MOTION to exclude report of Cynthis S. Osbourne and or Motion to strike filed by Sandy J. Battista. (Attachments: # 1 Part 2)(Nici, Richard) (Entered: 11/08/2005)

2 Part 2

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MOTION for Sanctions Against Plaintiff For Improper Communications With Defendants' Expert Witness by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # 1 Exhibit)(McFarland, Richard) (Entered: 11/23/2005)

2 Exhibit

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Cross MOTION for Sanctions by Sandy J. Battista.(Nici, Richard) (Entered: 12/06/2005)

Letter/request (non-motion) from Sandy Battista. Mailed a copy of the docket to Ms. Battista. (Nici, Richard) (Entered: 01/31/2006)

MOTION to Appoint Counsel by Sandy J. Battista. (Attachments: # 1 Affidavit)(Nici, Richard) (Entered: 03/15/2006)

2 Affidavit

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MEMORANDUM in Support re 39 MOTION to Appoint Counsel filed by Sandy J. Battista. (Nici, Richard) (Entered: 03/15/2006)

Opposition re 39 MOTION to Appoint Counsel filed by UMass Correctional Health Program. (Brighton, Anthony) (Entered: 03/22/2006)

Judge Douglas P. Woodlock : MEMORANDUM AND ORDER entered granting 39 Motion to Appoint Counsel, denying 7 Motion for Preliminary Injunction, denying 7 Motion for TRO, granting 19 Motion to Dismiss and directing consolidation of this case with Civil Action No. 05-12823 for purposes of appointing the same counsel to conduct the litigation. (Woodlock, Douglas) Additional attachment(s) added on 3/23/2006 (Rynne, Michelle). (Entered: 03/23/2006)

Judge Douglas P. Woodlock : ORDER entered terminating 31 Motion for Leave to File, terminating 34 Motion to exclude, denying 36 Motion for Sanctions, denying 37 Motion for Sanctions, terminating 21 Motion for consolidation of hearings, terminating 22 Motion for Court to call witnesses, terminating 23 Motion for Hearing (Woodlock, Douglas)

Judge Douglas P. Woodlock : ORDER entered. Order Appointing Pro Bono Counsel: It is ORDERED that Julie A. Hardy, Esq. is appointed to represent the plaintiff under the provisions of the United States District Court Plan for the Appointment of Counsel For Indigent Parties in Civil Cases, unless this appointment is declined by written notice (copy to pro bono coordinator) within twenty-one (21) days from the date of this Order. Once this order takes effect, appointed counsel or his or her designated associate(s) shall: (1) promptly file a Notice of Appearance in this action; and (2) serve until the litigation is terminated or the Court enters an order revoking said appointment. Contact: Julie A. Baker, Esq. 120 Tremont Street, Suite 370J, Boston, MA 02108(617)573-8136, BBO #557047. (PSSA, 1) (Entered: 03/30/2006)

MOTION for Entry of Judgment under Rule 54(b) by UMass Correctional Health Program.(Brighton, Anthony) (Entered: 04/19/2006)

MEMORANDUM in Support re 44 MOTION for Entry of Judgment under Rule 54(b) filed by UMass Correctional Health Program. (Attachments: # 1 # 2)(Brighton, Anthony) (Entered: 04/19/2006)

NOTICE of intent not to oppose motion of defendant by Sandy J. Battista (Nici, Richard) Additional attachment(s) added on 5/9/2006 (Nici, Richard). (Entered: 05/09/2006)

NOTICE of Hearing : Scheduling Conference set for 10/12/2006 03:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. All pending matters will be addressed at this conference.(Rynne, Michelle) (Entered: 09/12/2006)

ELECTRONIC NOTICE Cancelling Hearing. Scheduling Conference set for 10/12/2006 03:00 PM is cancelled. (Rynne, Michelle)

MOTION for Reconsideration by Sandy J. Battista. (Attachments: # 1 Affidavit)(Nici, Richard) (Entered: 11/22/2006)

2 Affidavit

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Opposition re 48 MOTION for Reconsideration filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # 1 Affidavit)(McFarland, Richard) (Entered: 12/04/2006)

2 Affidavit

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MOTION for Discovery - Order Compelling Plaintiff to Submit to a Mental Examination by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(McFarland, Richard) (Entered: 12/04/2006)

MEMORANDUM in Support re 50 MOTION for Discovery - Order Compelling Plaintiff to Submit to a Mental Examination filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # 1 Exhibit)(McFarland, Richard) (Entered: 12/04/2006)

2 Exhibit

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MOTION for Leave to File by Sandy J. Battista. (Attachments: # 1 # 2 Exhibit)(Nici, Richard) (Entered: 12/19/2006)

3 Exhibit

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MEMORANDUM in Opposition re 50 MOTION for Discovery - Order Compelling Plaintiff to Submit to a Mental Examination filed by Sandy J. Battista. (Nici, Richard) (Entered: 12/19/2006)

MEMORANDUM OF LAW by Sandy J. Battista to 53 Memorandum in Opposition to Motion. Exhibits filed and not scanned.(Nici, Richard) (Entered: 12/19/2006)

Letter/request (non-motion) from S. Baptista. (Nici, Richard) (Entered: 02/08/2007)

Judge Douglas P. Woodlock : ORDER entered. [Summary of Text: On January 9, 2007, Plaintiff sent a letter to the Pro Se Staff Attorneys Office requesting a list of ten (10) of the major law firms and their addresses, so that she may write to them personally with a procedural outline of her claims, and forward to them documentary evidence for their consideration. The basis for this request is that she was informed that obtaining pro bono counsel takes time, and that in her view, counsel would be more inclined to accept an appointment knowing the facts and evidence of her cases. Plaintiff's request is DENIED. The Court will not approve of the dissemination of this its confidential list of its pro bono contacts or sources....While Plaintiff may, of course, make her own efforts to secure counsel to represent her, she may not represent to any law firms or attorneys that this Court endorsed the direct solicitation. Alternatively, if Plaintiff does not wish the Pro Bono Coordinators to continue their efforts because of the time delay, she may elect to withdraw her request for a successor appointment of pro bono counsel, and proceed pro se, by filing a Notice with the Court.](PSSA, 1) (Entered: 02/12/2007)

Judge Douglas P. Woodlock : ORDER FOR APPOINTMENT OF PRO BONO COUNSEL AND ORDER ON PENDING MOTIONS entered: it is hereby Ordered that Erin Anderson, Esq. is appointed as successor pro bono counsel to Attorney Julie A. Baker to represent the Plaintiff Sandy J. Battista in C.A 05-12383-DPW and C.A. 05-11456-DPW. Contact Information for pro bono counsel is: Erin Anderson, Esq., P.O. Box 934, York Harbor, Maine 03911 (207)363-9113 (fax)(774) 888-9043 (cell) e-mail: erino27@yahoo.com. It is Further Ordered that Plaintiff's pro se Motion for Reconsideration of the Application for a Temporary Restraining Order (#48), Defendants' Motion for an Order Compelling Plaintiff to Submit to a Mental Examination (#50), Defendant University of Massachusetts's Motion for Entry of Separate and Final Judgment (#44), and Plaintiff's Motion for Leave to File a Reply (#52) are all DENIED without prejudice. The parties may reassert such terminated motions no earlier than forty-five (45) days from the date of this Order in order to permit newly appointed counsel a reasonable period to assess the issues in these cases. The parties are reminded that any motion submitted to the Court must comply with Local Rule 7.1. (PSSA, 1) Modified on 3/22/2007 to correct typographical errors. (PSSA, 1). (Entered: 03/22/2007)

MOTION for Extension of Time by Sandy J. Battista.(Nici, Richard) (Entered: 05/09/2007)

MOTION for Entry of Judgment under Rule 54(b) by UMass Correctional Health Program.(Brighton, Anthony) (Entered: 05/10/2007)

MEMORANDUM in Support re 59 MOTION for Entry of Judgment under Rule 54(b) filed by UMass Correctional Health Program. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Brighton, Anthony) (Entered: 05/10/2007)

2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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MOTION for Extension of Time to 10/26/07 to Complete Discovery Pursuant to Fed. R. Civ. P. 56(f) by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # 1 Affidavit)(McFarland, Richard) (Entered: 06/26/2007)

2 Affidavit

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MOTION for Discovery -Renewed Motion for Order Compelling Plaintiff to Submit to Mental Examinations by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(McFarland, Richard) (Entered: 06/26/2007)

MEMORANDUM in Support re 62 MOTION for Discovery -Renewed Motion for Order Compelling Plaintiff to Submit to Mental Examinations filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # 1 Exhibit)(McFarland, Richard) (Entered: 06/26/2007)

2 Exhibit

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MOTION for Protective Order by Sandy J. Battista.(Nici, Richard) (Entered: 07/10/2007)

MEMORANDUM in Opposition re 61 MOTION for Extension of Time to 10/26/07 to Complete Discovery Pursuant to Fed. R. Civ. P. 56(f), 62 MOTION for Discovery -Renewed Motion for Order Compelling Plaintiff to Submit to Mental Examinations filed by Sandy J. Battista. (Nici, Richard) (Entered: 07/10/2007)

MEMORANDUM in Support re 64 MOTION for Protective Order filed by Sandy J. Battista. (Attachments: # 1 Exhibit)(Nici, Richard) (Entered: 07/10/2007)

2 Exhibit

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Letter/request (non-motion) from New Mexico Legal Aid. (Nici, Richard) (Entered: 07/12/2007)

Judge Douglas P. Woodlock : Electronic ORDER entered ALLOWING 67 Letter/request treated as a motion to withdraw as pro bono counsel. (Lovett, Jarrett)

Letter/request (non-motion) from Sandy Baptista. (Nici, Richard) (Entered: 10/26/2007)

DOCKET SHEET sent to S. Baptista (Nici, Richard)

Letter/request (non-motion) from S. Battista. (Nici, Richard) (Entered: 11/05/2007)

Judge Douglas P. Woodlock : ORDER entered. Order Appointing Pro Bono Counsel. There being sufficient cause to exercise the discretionary power of the Court to appoint counsel, it is ORDERED that McDermott Will & Emery LLP is appointed to represent the plaintiff under the provisions of the United States District Court Plan for the Appointment of Counsel For Indigent Parties in Civil Cases, unless this appointment is declined by written notice (copy to pro bono coordinator) within twenty-one (21) days from the date of this Order. Once this order takes effect, appointed counsel or his or her designated associate(s) shall: (1) promptly file a Notice of Appearance in this action; and (2) serve until the litigation is terminated or the Court enters an order revoking said appointment. Contact names: Neal E. Minahan, Jr., Esq.,Emily E. Smith-Lee, Esq.,Ada Sheng, Esq.(PSSA, 1) (Entered: 11/16/2007)

Judge Douglas P. Woodlock : Electronic ORDER entered: In view of the Order Appointing Successor Pro Bono Counsel in this action, it is hereby Ordered that the pending motions in C.A. 05-11456-DPW ((i.e., Motion for an Extension of Time (#58), Motion for Entry of Judgment Under Rule 54(b) (#59), Motion for Extension of Time to 10/26/07 to Complete Discovery (#61), Motion for DiscoveryRenewed Motion for an Order Compelling Plaintiff to Submit to Mental Examinations (#62) and Motion for Protective Order (#64)) are all DENIED without prejudice to renew after counsel have consulted. With respect to the pending motions in C.A. 05-12383-DPW, the plaintiff's pro se Motion to Withdraw Request for Successor Counsel (#9), and the pro se Motion for Summary Judgment (#10) are both hereby DENIED. A Status Conference will be set. (PSSA, 1)

ELECTRONIC NOTICE of STATUS CONFERENCE: A STATUS CONFERENCE (with pro bono counsel and defense counsel in both C.A. 05-11456-DPW and C.A. 05-12383-DPW) is set for December 10, 2007 at 10:00 a.m. in courtroom #1 on the 3rd floor. Counsel shall file a JOINT STATUS REPORT by December 5, 2007, which shall identify any outstanding issues in these two actions, including requests for discovery and any other matters under Fed. R. Civ. P. 16.

NOTICE of Appearance by Neal E. Minahan, Jr on behalf of Sandy J. Battista (Minahan, Neal) (Entered: 11/20/2007)

NOTICE of Appearance by Emily E. Smith-Lee on behalf of Sandy J. Battista (Smith-Lee, Emily) (Entered: 11/28/2007)

STATUS REPORT JOINTLY FILED by Sandy J. Battista, Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Minahan, Neal) (Entered: 12/05/2007)

NOTICE of Appearance by Dana M. McSherry on behalf of Sandy J. Battista (McSherry, Dana) (Entered: 12/07/2007)

NOTICE of Appearance by Joan T. Kennedy on behalf of Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes (Kennedy, Joan) (Entered: 12/07/2007)

NOTICE of Appearance by Ada Y. Sheng on behalf of Sandy J. Battista (Sheng, Ada) (Entered: 12/10/2007)

Electronic Clerk's Notes for proceedings held before Judge Douglas P. Woodlock : Status Conference held on 12/10/2007: Court sets discovery deadlines as follows: Plaintiff shall file an amended complaint by January 7, 2008. Plaintiff shall file notice of whether or not going forward as to the defendant, UMass Correctional Health Program and file notice of intentions of pursuing the communication issue. All non-expert discovery, including depositions, and disclosure of experts and expert reports shall be completed by 4/18/08; disclosure of rebuttal experts and rebuttal expert reports by 5/16/08; all expert discovery, including depositions, to be completed by 6/13/08; all dispositive motions to be filed by 7/11/08. (Court Reporter: Brenda Hancock)(Attorneys present: McSherry, Minahan, Smith-Lee, Sheng, Kennedy, McFarland, Burgess) (Lovett, Jarrett)

Judge Douglas P. Woodlock : Electronic ORDER entered. SCHEDULING ORDER:Plaintiff shall file notice of whether or not going forward as to the defendant, UMass Correctional Health Program and file notice of intentions of pursuing the communication issue. All non-expert discovery, including depositions, and disclosure of experts and expert reports shall be completed by 4/18/08; disclosure of rebuttal experts and rebuttal expert reports by 5/16/08; all expert discovery, including depositions, to be completed by 6/13/08; all dispositive motions to be filed by 7/11/08. Joint Status Report due by 8/5/08 indicating the current status of the case, including discovery proceedings, settlement discussions, pending or contemplated motions, proposed dates for pretrial conferences and for trial, and any other matters which should be addressed at the further conference. Further Status/Scheduling Conference set for 8/12/2008 02:30 PM before Judge Douglas P. Woodlock.Associated Cases: 1:05-cv-12383-DPW, 1:05-cv-11456-DPW(Lovett, Jarrett)

MOTION for Leave to File First Amended Complaint by Sandy J. Battista. (Attachments: # 1 Exhibit 1)(Minahan, Neal) (Entered: 01/08/2008)

2 Exhibit 1

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NOTICE by Sandy J. Battista of Non-Opposition (Minahan, Neal) (Entered: 01/08/2008)

Judge Douglas P. Woodlock: ORDER entered granting 77 Motion for Leave to File. The proposed First Amended Complaint (#77) is now the operative pleading in this action. Additionally, the earlier denial of the Motion for Entry of Judgment Under Rule 54(b) by University of Massachusetts Correctional Health Program (#59) is VACATED and the Clerk is to enter Separate and Final Judgment for University of Massachusetts Correctional Health Program, based on the March 22, 2006 Memorandum and Order (#42). (PSSA, 1) (Entered: 01/10/2008)

Judge Douglas P. Woodlock: ORDER entered. SEPARATE AND FINAL JUDGMENT in favor of University of Massachusetts Correctional Health Program against Sandy Jo Battista.(PSSA, 1) (Entered: 01/10/2008)

First AMENDED COMPLAINT against Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin, filed by Sandy J. Battista. (Attachments: # 1 Exhibit A)(Minahan, Neal) (Entered: 01/10/2008)

2 Exhibit A

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Summons Issued as to Terre K. Marshall, Harold W. Clarke. 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. (Seelye, Terri) (Entered: 01/16/2008)

MOTION to Dismiss Counts III-IX by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin.(McFarland, Richard) (Entered: 01/28/2008)

MEMORANDUM in Support re 85 MOTION to Dismiss Counts III-IX filed by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin. (McFarland, Richard) (Entered: 01/28/2008)

CERTIFICATE OF CONSULTATION re 85 MOTION to Dismiss Counts III-IX. (McFarland, Richard) (Entered: 01/28/2008)