Case: Sniadach v. Walsh

3:20-cv-30115 | U.S. District Court for the District of Massachusetts

Filed Date: July 17, 2020

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) In April of 2020, the Department of Justice, working jointly with the United States Attorney’s Office in Massachusetts, opened an investigation of the Soldiers Home in Holyoke, MA. The investigation focused on whether the Soldiers’ Home engaged in a pattern or practice of violating the rights of veteran residents under the U.S. Constitution by failing to provide them adequate medical care generally, and during the coronavirus pandemic in particular. A few months later, in June, a report was produced, and in July, this lawsuit was filed.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17358300/parties/sniadach-v-walsh/


Judge(s)
Attorney for Plaintiff

Aleo, Michael E. (Massachusetts)

Cava, Christopher F. (Massachusetts)

Attorney for Defendant

Foskett, Diana Day (Massachusetts)

Giordano, Kevin C. (Massachusetts)

Goldstein, Richard (Massachusetts)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17358300/sniadach-v-walsh/

Last updated Aug. 10, 2025, 12:39 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Francisco Urena, Vanessa Lauziere, David Clinton, Bennett Walsh, Celeste Surreira Filing fee: $ 400, receipt number 0101-8332904 (Fee Status: Filing Fee paid), filed by Paul Sniadach. (Attachments: # 1 Exhibit Report, # 2 Civil Cover Sheet, # 3 Civil Category Sheet)(Aleo, Michael) (Entered: 07/17/2020)

1 Exhibit Report

View on RECAP

2 Civil Cover Sheet

View on RECAP

3 Civil Category Sheet

View on PACER

July 17, 2020

July 17, 2020

RECAP
2

ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni 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 Katherine A. Robertson. (Lindsay, Maurice) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
3

Summons Issued as to David Clinton, Vanessa Lauziere, Celeste Surreira, Francisco Urena, Bennett Walsh. 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. (Lindsay, Maurice) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
4

First MOTION for Extension of Time to 01/13/2021 to Serve Process on the Defendants by Paul Sniadach. (Attachments: # 1 Affidavit Affidavit of Michael Aleo, Esq.)(Aleo, Michael) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

RECAP
5

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 4 Motion for Extension of Time to 1/13/2021 to serve process. (Healy, Bethaney) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER

Order on Motion for Extension of Time

Dec. 18, 2020

Dec. 18, 2020

PACER
6

Second MOTION for Extension of Time to February 28, 2021 to Serve Process on the Defendants by Paul Sniadach. (Attachments: # 1 Affidavit)(Aleo, Michael) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
7

WAIVER OF SERVICE Returned Executed by Paul Sniadach. Francisco Urena waiver sent on 1/13/2021, answer due 3/15/2021. (Aleo, Michael) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
8

WAIVER OF SERVICE Returned Executed by Paul Sniadach. Bennett Walsh waiver sent on 1/13/2021, answer due 3/15/2021. (Aleo, Michael) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
9

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 6 Second MOTION for Extension of Time to February 28, 2021 to Serve Process on the Defendants. (Lindsay, Maurice) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER

Order on Motion for Extension of Time

Jan. 19, 2021

Jan. 19, 2021

PACER
10

SUMMONS Returned Executed Celeste Surreira served on 1/14/2021, answer due 2/4/2021. (Aleo, Michael) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER
11

WAIVER OF SERVICE Returned Executed by Paul Sniadach. Vanessa Lauziere waiver sent on 1/13/2021, answer due 3/15/2021. (Aleo, Michael) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
12

Joint MOTION to Consolidate Cases by Paul Sniadach.(Aleo, Michael) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
13

WAIVER OF SERVICE Returned Executed by Paul Sniadach. (Aleo, Michael) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
14

ELECTRONIC NOTICE of Hearing: Status Conference set for 2/5/2021 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. Court to provide call-in information. (Rivera, Christina) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER

Notice of Hearing

Jan. 26, 2021

Jan. 26, 2021

PACER
15

Judge Mark G. Mastroianni: ORDER entered. After a status conference, at which Plaintiff's counsel explicitly waived the response deadline applicable under Rule 12(a) of the Federal Rules of Civil Procedure, the court hereby stays the deadline for responses to the complaint. The court will hold a status conference on March 22, 2021, at 10:00 AM, by which time appearances should be filed by counsel for all Defendants. As assented-to by Plaintiff's counsel, the court will set a deadline for responsive pleadings at the March 22, 2021 status conference. The court will also hold in abeyance the request to consolidate this action with 20-cv-30194, pending the filing of appearances by counsel for all parties. (Lindsay, Maurice) (Entered: 02/08/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER

Scheduling Order

Feb. 8, 2021

Feb. 8, 2021

PACER
16

NOTICE of Appearance by John F.X. Lawler on behalf of David Clinton (Lawler, John) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
17

NOTICE of Appearance by Barry M. Ryan on behalf of Bennett Walsh (Ryan, Barry) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
18

NOTICE of Appearance by Erin J. Meehan on behalf of Bennett Walsh (Meehan, Erin) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
19

Call-In Instructions for 3/22/2021 Telephone Conference: Phone: 888-278-0296, Access Code: 8907163 (Healy, Bethaney) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
20

NOTICE of Appearance by Kevin C. Giordano on behalf of Celeste Surreira (Giordano, Kevin) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
21

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 3/22/2021. (Attorneys present via Telephone: Atty Aleo for Plaintiff, Atty Lawler for Defendant) Colloquy re: Status of Case. Atty Kevin Giordano appears for Defendant Celeste Surreira and will be filing an appearance by end of day. Atty Jared Olanoff appears for Defendant Vanessa Lauziere and will be filing an appearance as well. Atty Schulman appears for Defendant Francisco Urena, however, will not be filing an appearance until she receives paperwork from the State. Court discusses the outstanding Motion to consolidate. Parties assent to the consolidation. Court will act on Motion once all appearances are filed. Next Status conference set for June 21, 2021 at 10:00 AM via Telephone. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Rivera, Christina) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER

Status Conference

March 22, 2021

March 22, 2021

PACER
22

NOTICE of Appearance by Diana Day on behalf of Bennett Walsh (Day, Diana) (Entered: 03/27/2021)

March 27, 2021

March 27, 2021

PACER
23

NOTICE of Appearance by Jared Olanoff on behalf of Vanessa Lauziere (Olanoff, Jared) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
24

NOTICE of Appearance by M. Matthew Madden, Jr on behalf of David Clinton (Madden, M.) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
25

NOTICE of Appearance by Robert L. Peabody on behalf of Francisco Urena (Peabody, Robert) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
26

Set Hearings: Status Conference set for 6/21/2021 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. Call-in information: Telephone Conf No. 888-278-0296, Access Code 8907163 (Rivera, Christina) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
27

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 12 Joint Motion to Consolidate Cases. The parties are directed to docket all further filings in 20-cv-30115 only, with captions reflecting that consolidation has occurred and containing both case numbers. (Lindsay, Maurice) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
28

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 6/21/2021. Colloquy re: Status of Case. Plaintiff shall filed an amended complaint by September 20, 2021, and Defendants shall file responses to the amended complaint by November 19, 2021. This case shall now be consolidated with Philips-Chiz v. Walsh, et., al.: 20-cv-30194. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Attorneys present: Atty Aleo for Plaintiff, Atty Lawler, Peabody, Ryan, Day, Meehan, Olanoff for Defendant(s)) (Rivera, Christina) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
29

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. As discussed at today's status conference, Plaintiff shall filed an amended complaint by September 20, 2021, and Defendants shall file responses to the amended complaint by November 19, 2021. (Lindsay, Maurice) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
30

NOTICE of Appearance by Richard Goldstein on behalf of Francisco Urena (Goldstein, Richard) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER

Order on Motion to Consolidate Cases

June 21, 2021

June 21, 2021

PACER

Status Conference

June 21, 2021

June 21, 2021

PACER

Order

June 21, 2021

June 21, 2021

PACER
31

AMENDED COMPLAINT against All Defendants, filed by Vicky Philips-Chiz, Paul Sniadach, ESTATE OF JOSEPH C. SANTOS, ESTATE OF EMILIO J. DIPALMA, Joseph Sanky, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF JULIUS GREEN, ESTATE OF EARL W. DESROCHERS, ESTATE OF ALAN DAVID MUNDIE, ESTATE OF JAMES L. MILLER, ESTATE OF ROBERT E. BLAIS, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF HARRY P. MALANDRINOS, ESTATE OF WILLIAM C. CHANDLER, ESTATE OF THEODORE A. KAPINOS. (Attachments: # 1 Exhibit)(Aleo, Michael) (Entered: 09/20/2021)

1 Exhibit

View on PACER

Sept. 20, 2021

Sept. 20, 2021

RECAP
32

Second NOTICE of Change of Address or Firm Name by Richard Goldstein Esq. (Goldstein, Richard) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
33

NOTICE of Appearance by Christina S. Marshall on behalf of Marylou Sudders (Marshall, Christina) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
34

NOTICE of Appearance by Lon F. Povich on behalf of Marylou Sudders (Povich, Lon) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
35

Joint MOTION for Extension of Time to January 31, 2022 to Defendants to file a responsive pleading to the Plaintiffs' Amended Complaint by Marylou Sudders.(Povich, Lon) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
36

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 35 Motion for Extension of Time (Healy, Bethaney) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

PACER

Order on Motion for Extension of Time

Oct. 28, 2021

Oct. 28, 2021

PACER
37

MOTION to Continue Deadline for Defendants to File Responsive Pleadings to March 15, 2015 by ESTATE OF ALAN DAVID MUNDIE, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF EARL W. DESROCHERS, ESTATE OF EMILIO J. DIPALMA, ESTATE OF HARRY P. MALANDRINOS, ESTATE OF JAMES L. MILLER, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF JOSEPH C. SANTOS, ESTATE OF JULIUS GREEN, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF ROBERT E. BLAIS, ESTATE OF THEODORE A. KAPINOS, ESTATE OF WILLIAM C. CHANDLER, Vicky Philips-Chiz, Joseph Sanky, Paul Sniadach.(Aleo, Michael) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
38

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting, in part, 37 Joint Motion to Continue Deadline for Defendants to File Responsive Pleading. The case is stayed through 3/14/2022 to facilitate the parties' efforts to resolve this dispute. A status conference is set for 10:00 AM on 3/14/2022 and will be conducted as a remote proceeding. TELEPHONE CONFERENCE CALL-IN INFORMATION: Telephone Conf No. 888-278-0296, Access Code 8907163. (Zamorski, Michael) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER

Order on Motion to Continue

Jan. 24, 2022

Jan. 24, 2022

PACER
39

Joint MOTION to Continue Status Conference to 04/26/2022 by ESTATE OF ALAN DAVID MUNDIE, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF EARL W. DESROCHERS, ESTATE OF EMILIO J. DIPALMA, ESTATE OF HARRY P. MALANDRINOS, ESTATE OF JAMES L. MILLER, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF JOSEPH C. SANTOS, ESTATE OF JULIUS GREEN, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF ROBERT E. BLAIS, ESTATE OF THEODORE A. KAPINOS, ESTATE OF WILLIAM C. CHANDLER, Vicky Philips-Chiz, Joseph Sanky, Paul Sniadach.(Aleo, Michael) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER
40

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 39 Motion to Continue. Status Conference set for 4/27/2022 at 1:30 PM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. Clerk will provide call-in information one day prior to hearing. (Rivera, Christina) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER

Order on Motion to Continue

March 11, 2022

March 11, 2022

PACER
41

ELECTRONIC NOTICE OF RESCHEDULING: Due to Court being in the middle of a Jury Trial the Status Conference previously set for 4/27/2022 is canceled and rescheduled.Status Conference set for 5/10/2022 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. Clerk to provide call-in information prior to the hearing. (Rivera, Christina) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER

Notice of Rescheduling

April 22, 2022

April 22, 2022

PACER
42

ELECTRONIC NOTICE OF RESCHEDULING: Next Status Conference set for 5/12/2022 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. ***TELEPHONE CONFERENCE CALL-IN INFORMATION: USA Toll-Free #: 888-278-0296, Access Code: 8907163*** (Rivera, Christina) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER

Notice of Rescheduling

May 6, 2022

May 6, 2022

PACER
43

Joint MOTION to Stay Proceedings by ESTATE OF ALAN DAVID MUNDIE, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF EARL W. DESROCHERS, ESTATE OF EMILIO J. DIPALMA, ESTATE OF HARRY P. MALANDRINOS, ESTATE OF JAMES L. MILLER, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF JOSEPH C. SANTOS, ESTATE OF JULIUS GREEN, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF ROBERT E. BLAIS, ESTATE OF THEODORE A. KAPINOS, ESTATE OF WILLIAM C. CHANDLER, Vicky Philips-Chiz, Joseph Sanky, Paul Sniadach.(Aleo, Michael) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

RECAP
44

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 5/12/2022. (Attorneys present via Telephone: Atty Lesser, Atty Aleo, Atty Cava, Atty Ryan, Atty Lawler, Atty Povich, Atty Peabody, Atty Olanoff, Atty Sheehan) Court is in receipt of the Notice of Settlement filed this morning. Counsel Confirms that the Case has settled in the amount of $56 Million Dollars. Parties are directed to file their Motion seeking Preliminary Order to approve the Class Settlement Agreement by May 20, 2022. Status Conference set for 6/6/2022 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. ***THIS HEARING IS SUBJECT TO CANCELATION IF COURT RULES ON THE MOTION BEFORE THIS DATE*** (Court Reporter: Alice Moran alice.moran@verizon.net.) (Rivera, Christina) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER

Status Conference

May 12, 2022

May 12, 2022

PACER
45

Judge Mark G. Mastroianni: Electronic order entered granting 43 Joint Motion to Stay Proceedings. As discussed during the May 12, 2022 status conference, the parties shall file their motion for preliminary approval of class settlement by May 20, 2022. (Zamorski, Michael) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER

Order on Motion to Stay

May 13, 2022

May 13, 2022

PACER
46

Assented to MOTION to Amend Complaint by ESTATE OF ALAN DAVID MUNDIE, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF EARL W. DESROCHERS, ESTATE OF EMILIO J. DIPALMA, ESTATE OF HARRY P. MALANDRINOS, ESTATE OF JAMES L. MILLER, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF JOSEPH C. SANTOS, ESTATE OF JULIUS GREEN, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF ROBERT E. BLAIS, ESTATE OF THEODORE A. KAPINOS, ESTATE OF WILLIAM C. CHANDLER, Vicky Philips-Chiz, Joseph Sanky, Paul Sniadach. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit Exhibit to Second Amended Complaint)(Aleo, Michael) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
47

Joint MOTION for Settlement by ESTATE OF ALAN DAVID MUNDIE, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF EARL W. DESROCHERS, ESTATE OF EMILIO J. DIPALMA, ESTATE OF HARRY P. MALANDRINOS, ESTATE OF JAMES L. MILLER, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF JOSEPH C. SANTOS, ESTATE OF JULIUS GREEN, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF ROBERT E. BLAIS, ESTATE OF THEODORE A. KAPINOS, ESTATE OF WILLIAM C. CHANDLER, Vicky Philips-Chiz, Joseph Sanky, Paul Sniadach. (Attachments: # 1 Exhibit A - Class Settlement Agreement, # 2 Exhibit B - Donald K. Stern CV, # 3 Exhibit C - Notice Plan, # 4 Text of Proposed Order D - Proposed Order)(Aleo, Michael) (Entered: 05/20/2022)

1

View on RECAP

May 20, 2022

May 20, 2022

PACER
48

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 46 Assented to Motion to Amend Complaint. (Zamorski, Michael) (Entered: 05/23/2022)

May 20, 2022

May 20, 2022

PACER

Order on Motion to Amend

May 23, 2022

May 23, 2022

PACER
49

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 6/6/2022. (Attorneys present: Atty Aleo, Atty Cava, Atty Bueker, Atty Ryan, Atty Giordano, Atty Lawler, Atty Povich) Colloquy re: Status of Case. Court hears from parties on specifics of Class Settlement agreement. Court takes matter under advisement. A separate Order shall issue. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Rivera, Christina) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
50

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 47 Motion for Settlement. Order to Issue. (Zamorski, Michael) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
51

Judge Mark G. Mastroianni: ORDER entered. (Final Approval Hearing set for 11/14/2022 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni., Status Conference set for 9/16/2022 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni.)(Zamorski, Michael) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

RECAP

Status Conference

June 6, 2022

June 6, 2022

PACER

Order on Motion for Settlement

June 6, 2022

June 6, 2022

PACER
52

NOTICE of Appearance by Timothy J. Ryan on behalf of Estate of Joseph P. Bryant (Ryan, Timothy) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
53

Objection by Estate of Joseph P. Bryant To Proposed Class Action Settlement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ryan, Timothy) (Entered: 08/12/2022)

1

View on RECAP

Aug. 12, 2022

Aug. 12, 2022

PACER
54

Letter/request (non-motion) from Claims Administrator Donald Stern . (Aleo, Michael) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

RECAP
55

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 9/16/2022. (Attorneys present: Atty Aleo, Ryan, Meehan, Peabody, Lessor, Olanoff, Lawlor)Court gets updated on case. Court hears from parties re: 53 Objection by Estate of Joseph P. Bryant. Court confirms that a hearing has been set in this case for Final Approval on November 14, 2022 at 11:00 AM. (Court Reporter: Leigh Gershowitz, email: leighjoeem@gmail.com.) (Rivera, Christina) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER

Status Conference

Sept. 16, 2022

Sept. 16, 2022

PACER
56

Transcript of Status Conference held on September 16, 2022, before Judge Mark G. Mastroianni. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Leigh B. Gershowitz, leighjoeem@gmail.com. Redaction Request due 10/14/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/22/2022. (Coppola, Katelyn) (Entered: 09/30/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER
57

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 09/30/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER

Notice of Filing of Official Transcript

Sept. 30, 2022

Sept. 30, 2022

PACER
58

Response by COMMONWEALTH OF MASSACHUSETTS to the Objection by the Estate of Joseph P. Bryant. (Bueker, John) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
59

MOTION for Settlement for Final Approval of Class Settlement Agreement by Joseph Sanky. (Attachments: # 1 Ex. 1 - Class Settlement Agreement, # 2 Ex. 2 - Affidavit of Claims Administrator, # 3 Ex. 3 - Superior Court Order, # 4 Ex. 4 - Proposed Order)(Aleo, Michael) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
60

Response by Paul Sniadach to 53 Objection . (Aleo, Michael) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
61

MOTION for Attorney Fees by Class Counsel by Paul Sniadach. (Attachments: # 1 Affidavit of David Rosenberg, # 2 Affidavit of Thomas Lesser, # 3 Affidavit of Michael Aleo)(Aleo, Michael) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
62

Joint MOTION to Withdraw 53 Objection by Estate of Joseph P. Bryant, Paul Sniadach.(Aleo, Michael) (Entered: 11/08/2022)

Nov. 8, 2022

Nov. 8, 2022

PACER
63

EXHIBIT re 59 MOTION for Settlement for Final Approval of Class Settlement Agreement (Revised Proposed Order) by Paul Sniadach. (Aleo, Michael) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

PACER
64

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Counsel appear for Settlement Approval Hearing held on 11/14/2022. Colloquy re: proposed settlement agreement. Court allows 59 Motion for Final Approval of Settlement Agreement, 61 Motion for Attorneys' Fees, and 62 Joint Motion to Withdraw Objection. Final Judgment and Order of Final Approval approved and signed by the court. (Court Reporter: Leigh Gershowitz (Email: Leigh_Gershowitz@mad.uscourts.gov.)(Attorneys present: Lesser, Aleo, Ryan, Cava, Cava-Foreman, Povich, Olanoff, Ryan, Bueker) (Healy, Bethaney) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
65

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 59 Motion for Final Approval of Settlement; granting 61 Motion for Attorney Fees; granting 62 Motion to Withdraw Objection to 59 MOTION for for Final Approval of Class Settlement Agreement. (Healy, Bethaney) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
66

Judge Mark G. Mastroianni: Final JUDGMENT and ORDER of Final Approval ENTERED. (Healy, Bethaney) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

RECAP

Hearing - Other

Nov. 14, 2022

Nov. 14, 2022

PACER

Order on Motion to Withdraw AND Order on Motion for Settlement AND Order on Motion for Attorney Fees

Nov. 14, 2022

Nov. 14, 2022

PACER

Order on Motion to Withdraw AND Order on Motion for Attorney Fees AND Order on Motion for Settlement

Nov. 14, 2022

Nov. 14, 2022

PACER

Order on Motion for Attorney Fees AND Order on Motion to Withdraw AND Order on Motion for Settlement

Nov. 14, 2022

Nov. 14, 2022

PACER
68

Judge Mark G. Mastroianni: Electronic order entered. On January 26, 2023, the court received a letter from a person representing themselves to be a class member. The letter raises the issue of Medicare and Medicaid liens affecting the actual disbursement amount of class awards. The court reviewed both the Final Judgment and Order of Final Approval (Dkt. No. 66) and the Class Settlement Agreement (Dkt. No. 59-1) and there appears to be no reference to this issue in those documents, although the Notice of Holyoke Soldiers' Home Class Action Settlement (attached as Exhibit 1 to the Class Settlement Agreement) does state: "The only monies that would reduce the payments to you would include any liens on file from government agencies...." (Dkt. No. 47-1; Dkt. No. 59-1.) In addition, the Affidavit of Michael Aleo, Esq., in Support of Class Counsel's Fee Petition states at paragraph 18 that "if the Class Settlement Agreement is finally approved, Ms. Gatlin [a legal secretary in Attorney Aleo's office] will continue to spend considerable time working on this matter into 2023, assisting with the logistic of communicating with Class Members to arrange payments of the settlement awards and communicating with the Centers for Medicare and Medicaid Services to resolve any Medicare liens that might exist for each of the 164 participating Class members." (Dkt. No. 61-3.) The court has retained continuing jurisdiction "over all matters relating to the administration, consummation, enforcement, and interpretation of the Class Settlement Agreement." (Dkt. No. 66 at 7.) Therefore, the court orders class counsel to provide the court and all class members with a status report, no later than February 9, 2023, regarding the efforts class counsel have made to identify and determine all lien amounts which may impact the actual amount of settlement proceeds each class member actually receives, including Medicare/Medicaid liens. Additionally, class counsel shall provide to the court an attestation as to the procedure being utilized to inform each class member of the actual monetary amount to be realized after specifically listing and calculating any liens or other costs which may or have been subtracted from the settlement amount. In particular, class counsel should explicitly confirm if they are representing each class member relative to liens and the like. Class counsel shall also provide each class member with a copy of this court order. After receiving class counsel's status report, the court will consider if it is necessary to hold a hearing to address this matter. (Zamorski, Michael) (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

PACER

Order

Jan. 26, 2023

Jan. 26, 2023

PACER
69

STATUS REPORT AND REQUEST TO MODIFY ORDER by Paul Sniadach. (Aleo, Michael) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

PACER
70

Electronic order entered granting 69 Request to Modify Order. Given the information provided by class counsel in its preliminary status report, the court agrees that class counsel shall only provide a status report and a copy of the court's January 26, 2023 order to the 22 class members who have been identified as having outstanding Medicare liens. Accordingly, the court allows class counsel's request to modify the January 26, 2023 order in this respect. (Figueroa, Tamara) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

PACER

Order

Jan. 27, 2023

Jan. 27, 2023

PACER
71

NOTICE by Paul Sniadach Status Report and Attestation (Aleo, Michael) (Entered: 02/09/2023)

Feb. 9, 2023

Feb. 9, 2023

PACER
72

Judge Mark G. Mastroianni: Electronic order entered re: 71 Class Counsel's Status Report. Class counsel shall file another status report by June 9, 2023, updating the court as to the Medicare lien process. (Zamorski, Michael) (Entered: 02/09/2023)

Feb. 9, 2023

Feb. 9, 2023

PACER

Order

Feb. 9, 2023

Feb. 9, 2023

PACER
73

NOTICE by Paul Sniadach of Class Counsel's Status Report (Aleo, Michael) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER
74

Judge Mark G. Mastroianni: Electronic order entered re: 73 Class Counsel's Status Report. The court is in receipt of the comprehensive status report filed by Class Counsel on April 11, 2023. In light of the information set forth in the status report and the apparent diligence of Class Counsel in resolving the outstanding Medicare liens, no further action is necessary at this time. (Zamorski, Michael) (Entered: 04/13/2023)

April 13, 2023

April 13, 2023

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: July 17, 2020

Case Details

Available Documents:

Trial Court Docket