Case: Amarat v. City of Worcester

COMPLAINT Class Action against All Defendants Filing fee: $ 402, receipt number AMADC-9881920 (Fee Status: Filing Fee paid), filed by javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Richard P. Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1 BOPS IAD report Amarat, # 4 Exhibit 2 Nolle prosequis for Plaintiffs, # 5 Exhibit 3 BOPS IAD Demanbey, # 6 Exhibit 4 Letter Chief Sargent Richard Cummings IAD, # 7 Exhibit 5 BOPS IAD investigation Euga)(Pineiro, Hector) (Entered: 05/31/2023)

1 Civil Cover Sheet

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2 Category Form

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3 Exhibit 1 BOPS IAD report Amarat

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4 Exhibit 2 Nolle prosequis for Plaintiffs

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5 Exhibit 3 BOPS IAD Demanbey

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6 Exhibit 4 Letter Chief Sargent Richard Cummings IAD

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7 Exhibit 5 BOPS IAD investigation Euga

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NOTICE of Appearance by Joseph F. Hennessey on behalf of javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Richard P. Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin (Hennessey, Joseph) (Entered: 05/31/2023)

NOTICE of Case Assignment. Magistrate Judge David H. Hennessy assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Burgos, Sandra) (Entered: 06/01/2023)

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. (Burgos, Sandra) (Entered: 06/01/2023)

NOTICE of Appearance by Robert A. Scott on behalf of Javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Ric hard Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin (Scott, Robert) (Entered: 06/01/2023)

AMENDED COMPLAINT Class Action against All Defendants, filed by Javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Ric hard Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin. (Attachments: # 1 Exhibit BOPS IAD report Amarat, # 2 Exhibit 2 Nolle Prosequi Plaintiffs, # 3 Exhibit 3 BOPS IAD Demanbey, # 4 Exhibit 4 Letter Chief Sargent to Richard Cummings IAD conclusions, # 5 Exhibit 5 BOPS IAD investigation Christopher Euga)(Pineiro, Hector) (Entered: 06/01/2023)

1 Exhibit BOPS IAD report Amarat

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2 Exhibit 2 Nolle Prosequi Plaintiffs

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3 Exhibit 3 BOPS IAD Demanbey

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4 Exhibit 4 Letter Chief Sargent to Richard Cummings IAD conclusions

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5 Exhibit 5 BOPS IAD investigation Christopher Euga

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Notice of Case Assignment to a Magistrate Judge

WAIVER OF SERVICE Returned Executed by Sam Bishop, Jay Verchin, Veronica Euga, Javier Amarat, Olyvia Crum, Christopher Euga, Antonio Barrera, Sarah Drapeau, Max Marcotte, Lyndsey Demanbey, Richard Cummings. Edward M. Augustus waiver sent on 7/10/2023, answer due 9/8/2023; Duy Chao waiver sent on 7/10/2023, answer due 9/8/2023; City of Worcester waiver sent on 7/10/2023, answer due 9/8/2023; Trevis Coleman waiver sent on 7/10/2023, answer due 9/8/2023; David P. Doherty waiver sent on 7/10/2023, answer due 9/8/2023; Michael R. Girouard waiver sent on 7/10/2023, answer due 9/8/2023; David Green waiver sent on 7/10/2023, answer due 9/8/2023; Brett J. Kubiak waiver sent on 7/10/2023, answer due 9/8/2023; Nathan Lafleche waiver sent on 7/10/2023, answer due 9/8/2023; Daniel Lopopolo waiver sent on 7/10/2023, answer due 9/8/2023; Michael R. Loverin waiver sent on 7/10/2023, answer due 9/8/2023; Ryan Maher waiver sent on 7/10/2023, answer due 9/8/2023; Brian Piskator waiver sent on 7/10/2023, answer due 9/8/2023; Shawn Tivnan waiver sent on 7/10/2023, answer due 9/8/2023; Jarrett Watkins waiver sent on 7/10/2023, answer due 9/8/2023. (Attachments: # 1 Duy Chao Waiver Service, # 2 Michael Loverin Waiver Service, # 3 David Doherty Waiver Service, # 4 Ryan Maher Waiver Service, # 5 Daniel Lopopolo Waiver of Service, # 6 David Green Waiver Service, # 7 Nathan Lafleche waiver service, # 8 Brian Piskator waiver service, # 9 Brett Kubiak Waiver Service, # 10 Shawn Tivnan Waiver Service, # 11 City of Worcester Waiver Service, # 12 Edward Augustus Waiver of Service)(Pineiro, Hector) Modified docket text to reflect correct answer due date on 8/17/2023 (Burgos, Sandra). (Entered: 08/11/2023)

WAIVER OF SERVICE Returned Executed by Sam Bishop, Jay Verchin, Veronica Euga, Javier Amarat, Olyvia Crum, Christopher Euga, Antonio Barrera, Sarah Drapeau, Max Marcotte, Lyndsey Demanbey, Richard Cummings. Steven W. Sargent waiver sent on 7/10/2023, answer due 9/8/2023. (Pineiro, Hector) (Entered: 08/12/2023)

WAIVER OF SERVICE Returned Executed by Sam Bishop, Jay Verchin, Veronica Euga, Javier Amarat, Olyvia Crum, Christopher Euga, Antonio Barrera, Sarah Drapeau, Max Marcotte, Lyndsey Demanbey, Richard Cummings. Shawn Frigon waiver sent on 7/10/2023, answer due 9/8/2023. (Pineiro, Hector) Modified answer due date on 8/22/2023 (Burgos, Sandra). (Entered: 08/16/2023)

NOTICE of Appearance by John K. Vigliotti on behalf of Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Michael R. Loverin, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins (Vigliotti, John) (Entered: 08/25/2023)

NOTICE of Appearance by Andrew J. Gambaccini on behalf of Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Michael R. Loverin, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins (Gambaccini, Andrew) (Entered: 08/25/2023)

Assented to MOTION for Extension of Time to September 22, 2023 to File Answer re 6 Amended Complaint,, by Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Michael R. Loverin, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins.(Vigliotti, John) (Entered: 09/07/2023)

NOTICE of Appearance by Charles Dunstan Boddy, Jr on behalf of Steven W. Sargent (Boddy, Charles) (Entered: 09/11/2023)

NOTICE of Appearance by Charles Dunstan Boddy, Jr on behalf of Edward M. Augustus (Boddy, Charles) (Entered: 09/11/2023)

NOTICE of Appearance by Charles Dunstan Boddy, Jr on behalf of City of Worcester (Boddy, Charles) (Entered: 09/11/2023)

MOTION for Extension of Time to September 22, 2023 to File Answer re 1 Complaint,, by Steven W. Sargent.(Boddy, Charles) (Entered: 09/11/2023)

Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting 12 Assented to MOTION for Extension of Time to September 22, 2023 to File Answer re 6 Amended Complaint, by Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Michael R. Loverin, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins ; granting 16 MOTION for Extension of Time to September 22, 2023 to File Answer re 1 Complaint, by Steven W. Sargent. David Green answer due 9/22/2023; David P. Doherty answer due 9/22/2023; Shawn Tivnan answer due 9/22/2023; Michael R. Girouard answer due 9/22/2023; Brett J. Kubiak answer due 9/22/2023; Daniel Lopopolo answer due 9/22/2023; Trevis Coleman answer due 9/22/2023; Duy Chao answer due 9/22/2023; Michael R. Loverin answer due 9/22/2023; Jarrett Watkins answer due 9/22/2023; Shawn Frigon answer due 9/22/2023; Nathan Lafleche answer due 9/22/2023; Steven W. Sargent answer due 9/22/2023; Ryan Maher answer due 9/22/2023; Brian Piskator answer due 9/22/2023. (King, Dawn) (Entered: 09/11/2023)

Order on Motion for Extension of Time to Answer AND Order on Motion for Extension of Time to Answer

ANSWER to Complaint with Jury Demand by City of Worcester.(Boddy, Charles) (Entered: 09/21/2023)

ANSWER to 6 Amended Complaint,, by Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Michael R. Loverin, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins.(Vigliotti, John) (Entered: 09/22/2023)

ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (King, Dawn) (Entered: 10/02/2023)

ELECTRONIC NOTICE of Scheduling Conference. Scheduling Conference VIA VIDEO set for 10/27/2023 at 10:00 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(King, Dawn) (Entered: 10/02/2023)

Notice of Scheduling Conference

Reminder to Submit Consent or Refusal of MJ Jurisdiction

Refusal to Consent to Proceed Before a US Magistrate Judge. . (Scott, Robert) (Entered: 10/20/2023)

ELECTRONIC NOTICE of Case Reassignment. District Judge Margaret R. Guzman 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 Magistrate Judge David H. Hennessy. (Burgos, Sandra) (Entered: 10/20/2023)

Notice of Case Assignment

ELECTRONIC NOTICE OF RESCHEDULING. Scheduling Conference reset for 11/16/2023 at 2:00 PM in Courtroom 2 - Worcester (Remote only) before District Judge Margaret R. Guzman. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Castles, Martin) (Entered: 10/23/2023)

Notice of Rescheduling

JOINT SUBMISSION pursuant to Local Rule 16.1 by Javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Richard Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin.(Scott, Robert) (Entered: 11/14/2023)

STIPULATION of Dismissal for Claims against Michael Loverin by Michael R. Loverin. (Vigliotti, John) (Entered: 11/15/2023)

District Judge Margaret R. Guzman: ORDER entered. ORDER OF RECUSAL.(Castles, Martin) (Entered: 11/16/2023)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. ORDER Canceling Deadline. The Scheduling Conference set for 11/16/2023 is hereby canceled.(Castles, Martin) (Entered: 11/16/2023)

ELECTRONIC NOTICE of Reassignment. District Judge Timothy S. Hillman added. District Judge Margaret R. Guzman no longer assigned to case. (Burgos, Sandra) (Entered: 11/16/2023)

Notice of Reassignment

Order Canceling Deadline

ELECTRONIC NOTICE of Reassignment. Judge Mark G. Mastroianni added. Case redrawn according to Local Rule 40.1(i). District Judge Timothy S. Hillman no longer assigned to case. (Danieli, Chris) (Entered: 12/04/2023)

Notice of Reassignment

Judge Mark G. Mastroianni: ELECTRONIC ORDER ENTERED REFERRING CASE to Magistrate Judge David H. Hennessy. Case referred for: Full Pretrial, No Dispositive Motions (ptn). (Healy, Bethaney) (Entered: 12/05/2023)

Order Referring Case to Magistrate Judge

ELECTRONIC NOTICE of Scheduling Conference. Scheduling Conference VIA VIDEO set for 1/4/2024 at 10:00 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. If the parties wish to submit proposed revised deadlines, please file an amended joint proposed scheduling order. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (King, Dawn) (Entered: 12/15/2023)

Notice of Scheduling Conference

Amended JOINT STATEMENT re scheduling conference . (Vigliotti, John) (Entered: 01/03/2024)

Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Scheduling Conference held on 1/4/2024. Attorneys present: Hector Pineiro, Charles Dunstan Boddy, Jr., and John K. Vigliotti. Case is called. The Court reviews the 33 Amended Joint Statement filed by the parties and allows the following deadlines: Automatic document disclosures to be completed by 2/2/2024 and amendments/ supplements to pleadings to be filed by 3/7/2024. The Court inquires the parties as to discovery and depositions. The Court sets a Case Management Conference VIA VIDEO for 6/7/2024 at 02:00 PM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy to discuss the following agenda items: discovery and depositions; experts; prediction as to dispositive motions; magistrate jurisdiction; and settlement discussions. The Court advises plaintiff's counsel to produce medical and counseling records to defendants' counsel by or before 3/7/2024. Plaintiff's counsel addresses the court in re. local rules pertaining to interrogatories and the possibility that plaintiff will be needing more than 25 interrogatories given that there are multiple defendants. The Court advises that this issue as well as any other discovery issues be discussed among the parties and file an assented to motion with the Court. In the event there are other discovery conflicts, to make an assented filing in re. to the issue at hand and the Court will set a phone conference within 48 hours to address the situation. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.() (Montes, Mariliz) (Entered: 01/04/2024)

Magistrate Judge David H. Hennessy: ORDER entered. SCHEDULING ORDER. Case Management Conference VIA VIDEO is set for 6/7/2024 at 02:00 PM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. Initial disclosures to be completed by 2/2/2024; amended pleadings due by 3/7/2024.(Montes, Mariliz) (Entered: 01/04/2024)

Scheduling Conference

CERTIFICATION pursuant to Local Rule 16.1 Ryan Maher. (Vigliotti, John) (Entered: 01/25/2024)

CERTIFICATION pursuant to Local Rule 16.1 Michael Girouard. (Vigliotti, John) (Entered: 01/25/2024)

CERTIFICATION pursuant to Local Rule 16.1 David Green. (Vigliotti, John) (Entered: 01/25/2024)

CERTIFICATION pursuant to Local Rule 16.1 David Doherty. (Vigliotti, John) (Entered: 01/25/2024)

CERTIFICATION pursuant to Local Rule 16.1 Jarrett Watkins. (Vigliotti, John) (Entered: 01/25/2024)

CERTIFICATION pursuant to Local Rule 16.1 Brett Kubiak. (Vigliotti, John) (Entered: 01/25/2024)

CERTIFICATION pursuant to Local Rule 16.1 Nathan Lafleche. (Vigliotti, John) (Entered: 01/25/2024)

CERTIFICATION pursuant to Local Rule 16.1 Trevis Coleman. (Vigliotti, John) (Entered: 01/25/2024)

CERTIFICATION pursuant to Local Rule 16.1 Shawn Frigon. (Vigliotti, John) (Entered: 01/25/2024)

NOTICE Resetting a Hearing. *TIME ONLY* Case Management Conference reset for 6/7/2024 at 9:45 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.< (King, Dawn) (Entered: 05/30/2024)

Notice Resetting Hearings

Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Case Management Conference held on 6/7/2024.Case called. Court goes over the status of the case and document production. Plaintiff requests more time due to prior leave from the office. Court sets document production deadline for 2 weeks from today. Status Conference VIA VIDEO set for 7/1/2024 at 10:00 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Scott; Boddy, Jr.; Gambaccini) (King, Dawn) (Entered: 06/07/2024)

Case Management Conference

Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Status Conference held on 7/1/2024. Case called. Defendants state discovery has not been produced. Court will set a show cause hearing to discuss why this matter should not be dismissed. IN PERSON Show Cause Hearing set for 7/3/2024 at 11:00 AM in Courtroom 1 - Worcester (In person only) before Magistrate Judge David H. Hennessy. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Pineiro, Scott; Boddy, Jr., Gambaccini) (King, Dawn) (Entered: 07/01/2024)

Status Conference

CERTIFICATION pursuant to Local Rule 16.1 . (Attachments: # 1 Exhibit 1 Rule 16.1D 3 certificate Olyvia Crum, # 2 Exhibit 2 Rule 16.1D3 certificate Antonio Barrera, # 3 Exhibit 3 Rule 16.1D3 certificate Max Marcotte, # 4 Exhibit 4 Rule 16.1D3 certificate Christopher Euga, # 5 Exhibit 5 Rule 16.1D3 certificate Veronica Euga, # 6 Exhibit 6 Rule 16.1D3 certificate Richard P. Cummings, # 7 Exhibit 7 Rule 16.lD3 certificate Jay Verchin, # 8 Exhibit 8 Rule 16.1D3 certificate Sarah Drapeau, # 9 Exhibit 9 Rule 16.1D3 certificate Sam Bishop, # 10 Exhibit 10 Rule 16.1D3 certificate Javier Amarat)(Pineiro, Hector) (Entered: 07/02/2024)

Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Show Cause Hearing held on 7/3/2024. Case called. Court addresses the delay in this case by Plaintiff's counsel. Plaintiff's counsel is heard. Defendants have received documents from Plaintiff now and will need to review them. Court takes the matter under advisement. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Pineiro, Scott; Boddy, Jr.; Gambaccini) (King, Dawn) (Entered: 07/03/2024)

ELECTRONIC NOTICE of Hearing. Status Conference VIA VIDEO set for 7/23/2024 at 11:15 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. The parties should file a revised scheduling order in advance of the conference, addressing a realistic schedule for fact discovery and proposed depositions.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (King, Dawn) (Entered: 07/03/2024)

Notice of Hearing

Show Cause Hearing

Magistrate Judge David H. Hennessy: ORDER FOR SANCTIONS entered. (King, Dawn) (Entered: 07/09/2024)

JOINT STATEMENT re scheduling conference . (Pineiro, Hector) (Entered: 07/22/2024)

Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Status Conference held on 7/23/2024. Pineiro, Scott; Boddy, Jr., VigliottiCase called. Court adopts the proposed scheduling order at docket number 52. Court will allow the 25 depositions if the parties want that many. Experts are contemplated by some parties. Court adopts and sets the following scheduling order deadlines: Discovery: 9/30/24; Non-expert depositions: 2/28/25; Case Management Conference set for 2/21/2025 at 10:15 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy; Designation of experts: Plaintiff 3/31/25, Defendants 30 days thereafter Plaintiff's designation; Expert depositions: 30 days after Defendant's designation; and Dispositive motions: 6/30/25. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Pineiro, Scott; Boddy, Jr., Vigliotti) (King, Dawn) Modified on 7/23/2024 to correct CMC date (King, Dawn). (Entered: 07/23/2024)

NOTICE OF DATE CORRECTION/Resetting a Hearing. Case Management Conference reset for 2/21/2025 at 10:15 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(King, Dawn) (Entered: 07/23/2024)

Notice Resetting Hearings

Status Conference

NOTICE of Appearance by Brett Walker on behalf of City of Worcester (Walker, Brett) (Entered: 02/14/2025)

Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Case Management Conference held on 2/21/2025. Case called. Parties discuss status of discovery, including depositions. Parties request an extension of the discovery deadline. Court grants a 90 day extension of the discovery deadline, to 5/30/25. Status Conference VIA VIDEO set for 5/30/2025 at 10:30 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here.(Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Pineiro, Scott; Boddy, Jr., Vigliotti) (DMK) Modified on 2/21/2025 to correct hearing time (DMK). (Entered: 02/21/2025)

1 - Terminate Deadlines and Hearings AND Case Management Conference AND ~Util - Set Hearings

Joint MOTION for Extension of Time to 7/29/2025 to Complete Discovery by Javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Lyndsey Demanbey, Christopher Euga, Veronica Euga, Max Marcotte.(Scott, Robert) (Entered: 05/13/2025)

Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered. granting 57 Joint MOTION for Extension of Time to 7/29/2025 to Complete Discovery filed by Veronica Euga, Max Marcotte, Sam Bishop, Christopher Euga, Antonio Barrera, Olyvia Crum, Javier Amarat, Lyndsey Demanbey. The Court adopts proposed amended schedule and sets the following scheduling order deadlines: all non-expert depositions completed by July 29, 2025; plaintiffs' expert disclosures due August 29, 2025; defendants' expert disclosures due September 30, 2025; expert depositions completed October 30, 2025; dispositive motions due November 30, 2025. Case Management Conference VIA VIDEO set for 7/29/2025 at 10:30 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy.(DMK) (Entered: 05/14/2025)

Order AND Order Canceling Deadline AND ~Util - Set Hearings AND ~Util - Terminate Motions

Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Case Management Conference held on 7/29/2025. Case called. Parties discuss status of the case and discovery, including depositions. Court extends fact discovery deadline to 10/10/25. Case Management Conference VIA VIDEO set for 10/10/2025 at 10:00 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here.(Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Pineiro, Scott; Walker, Vigliotti) (DMK) (Entered: 07/29/2025)

1 - Terminate Deadlines and Hearings AND Case Management Conference AND ~Util - Set Hearings

Joint MOTION for Extension of Time to 12/31/2025 to Complete Discovery by Javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Richard Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin.(Scott, Robert) (Entered: 10/09/2025)

Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Case Management Conference held on 10/10/2025.Case called Counsell appear via videoconference. Parties discuss status of the case. The Court grants the joint motion to continue the fact discovery date. Further Case Management Conference VIA VIDEO is set for 11/7/2025 at 3:00 PM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy and the following agenda: Parties are to exchange settlement offers to inform the merits of mediation of some or all claims. Parties are to confer and determine, based on discovery, whether there are agreed-upon dismissals of certain parties and/or claims, or stipulated settlements of certain parties and/or claims, with an eye to narrowing remaining discovery, proposed dispositive motions. Parties are to identify proposed dispositive motions; the Court will set a dispositive motion schedule on 11/7/25. Parties shall be prepared to discuss the merits of mediating some or all claims. The parties shall continue to take fact discovery. Counsel are invited to contact the Court before 11/7/25 if there are any matters on which the Court may assist in resolving. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here.(Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Pineiro, Scott; Boddy, Vigliotti) (DMK) (Entered: 10/10/2025)

Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting 60 Joint MOTION for Extension of Time to 12/31/2025 to Complete Discovery by Javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Richard Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin. The Court grants the joint motion to continue the fact discovery date. (DMK) (Entered: 10/10/2025)

Case Management Conference AND ~Util - Set Deadlines/Hearings AND ~Util - Set Scheduling Order Deadlines

Order on Motion for Extension of Time to Complete Discovery

NOTICE of Change of Address or Firm Name by John K. Vigliotti (Vigliotti, John) (Entered: 11/07/2025)

Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Case Management Conference held on 11/7/2025Status Conference VIA VIDEO set for 3/6/2025 at 3:00 PM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. Case called. Parties discuss current status of the case and outstanding issues. Court sets the following deadlines: Fact Discovery Deadline: 12/13/25. The 60 motion was granted on 10/10/2026. Deadline for assented to motion to amend complaint: 1/6/26. Deadline for Plaintiff's expert disclosures: 2/6/26. Deadline to depose Plaintiff's experts: 3/6/26. Status Conference VIA VIDEO set for 3/6/2026 at 3:00 PM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. Court will want to know at that time if Defendants have any experts. Deadline for dispositive motions will be set at that time. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Pineiro, Scott; Boddy, Vigliotti) (DMK) Modified on 11/7/2025 to correct year of next status conf.(DMK). (Entered: 11/07/2025)

[internal hearing reset](DMK) (Entered: 11/07/2025)

1 - Terminate Deadlines and Hearings AND Case Management Conference AND ~Util - Set Deadlines/Hearings

NOTICE OF RESCHEDULING:Status Conference VIA VIDEO reset for 4/3/2026 at 10:00 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. Court will want to know at that time if Defendants have any experts. Deadline for dispositive motions will be set at that time.(DMK) (Entered: 02/17/2026)

Order Canceling Deadline AND ~Util - Set Hearings

Assented to MOTION to Continue April 3, 2026 Status Hearing by Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins.(Vigliotti, John) (Entered: 03/17/2026)

Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting 67 Assented to MOTION to Continue April 3, 2026 Status Hearing by Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins Status Conference reset for 4/17/2026 at 10:30 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. (DMK) (Entered: 03/18/2026)

Order on Motion to Continue

STIPULATION of Dismissal as to All Claims Against Shawn Tivnan and Jarrett Watkins by Shawn Tivnan, Jarrett Watkins. (Vigliotti, John) (Entered: 03/30/2026)

~Util - Add and Terminate Parties

Magistrate Judge David H. Hennessy: ORDER entered. Shawn Tivnan and Jarrett Watkins terminated.(DMK)

MOTION to Amend 6 Amended Complaint,, by Javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Richard Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin. (Attachments: # 1 Exhibit 1 final proposed 2d amended complaint, # 2 Exhibit 2 annotated proposed 2d amended complaint)(Scott, Robert) (Entered: 04/09/2026)

Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Status Conference held on 4/17/2026:Case called. The court and parties go over status of the case and discovery in length. Court does not set a deadline for the response to the 70 MOTION to Amend 6 Amended Complaint, as parties will address at the next status conference. Status Conference VIA VIDEO set for 4/24/2026 at 10:00 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. Plaintiffs will serve a new demand upon Defendants. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Pineiro, Scott; Boddy, Vigliotti) (DMK) (Entered: 04/17/2026)