Case: Cox v. City of Boston

Cox v. Boston Police Department

Cox v. Boston Police Department

Cox v. Boston Police Department

Cox v. Boston Police Department

COMPLAINT against John/Jane Does Nos. 1-2, Paul Michael Bertocchi, Ismael Almeida, Boston Police Department, Catia Freire Filing fee: $ 402, receipt number AMADC-9385489 (Fee Status: Filing Fee paid), filed by Lynnel Cox. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Category Sheet)(Frederickson, Robert) (Entered: 06/27/2022)

1 Civil Cover Sheet

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2 Civil Category Sheet

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ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 M. Page Kelley. (Finn, Mary) (Entered: 06/27/2022)

Summons Issued as to Ismael Almeida, Paul Michael Bertocchi, Boston Police Department, Catia Freire, John/Jane Does Nos. 1-2. 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. (Dore, Samantha) (Entered: 06/27/2022)

Notice of Case Assignment

MOTION for Leave to Appear Pro Hac Vice for admission of Alexandra D. Valenti Filing fee: $ 100, receipt number AMADC-9388624 by Lynnel Cox. (Attachments: # 1 Exhibit A - Certificate of Alexandra D. Valenti)(Frederickson, Robert) (Entered: 06/28/2022)

MOTION for Leave to Appear Pro Hac Vice for admission of Christine Armellino Filing fee: $ 100, receipt number AMADC-9388656 by Lynnel Cox. (Attachments: # 1 Exhibit A - Certificate of Christine Armellino)(Frederickson, Robert) (Entered: 06/28/2022)

MOTION for Leave to Appear Pro Hac Vice for admission of Gabriella Montes Filing fee: $ 100, receipt number AMADC-9388680 by Lynnel Cox. (Attachments: # 1 Exhibit A - Certificate of Gabriella Montes)(Frederickson, Robert) (Entered: 06/28/2022)

MOTION for Leave to Appear Pro Hac Vice for admission of Matthew Ginther Filing fee: $ 100, receipt number AMADC-9388690 by Lynnel Cox. (Attachments: # 1 Exhibit A - Certificate of Matthew Ginther)(Frederickson, Robert) (Entered: 06/28/2022)

MOTION for Leave to Appear Pro Hac Vice for admission of Wrenne Bartlett Filing fee: $ 100, receipt number AMADC-9388708 by Lynnel Cox. (Attachments: # 1 Exhibit A - Certificate of Wrenne Bartlett)(Frederickson, Robert) (Entered: 06/28/2022)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice. Added Alexandra D. Valenti. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) (Entered: 06/29/2022)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice. Added Christine Armellino. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) (Entered: 06/29/2022)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice. Added Gabriella Montes. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm. (Pacho, Arnold) (Entered: 06/29/2022)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice. Added Matthew Ginther. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm. (Pacho, Arnold) (Entered: 06/29/2022)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice. Added Wrenne Bartlett. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm. (Pacho, Arnold) (Entered: 06/29/2022)

Order on Motion for Leave to Appear

NOTICE of Appearance by Jessie J. Rossman on behalf of Lynnel Cox (Rossman, Jessie) (Entered: 06/30/2022)

NOTICE of Appearance by Matthew Segal on behalf of Lynnel Cox (Segal, Matthew) (Entered: 06/30/2022)

SUMMONS Returned Executed Catia Freire served on 7/12/2022, answer due 8/2/2022. (Valenti, Alexandra) (Entered: 07/13/2022)

WAIVER OF SERVICE Returned Executed by Lynnel Cox. Boston Police Department waiver sent on 7/12/2022, answer due 9/12/2022. (Frederickson, Robert) (Entered: 07/13/2022)

WAIVER OF SERVICE Returned Executed by Lynnel Cox. Paul Michael Bertocchi waiver sent on 8/1/2022, answer due 9/30/2022. (Frederickson, Robert) (Entered: 08/01/2022)

SUMMONS Returned Executed Ismael Almeida served on 8/3/2022, answer due 8/24/2022. (Frederickson, Robert) (Entered: 08/04/2022)

NOTICE of Appearance by Randall F. Maas on behalf of Ismael Almeida, Paul Michael Bertocchi, Boston Police Department, Catia Freire (Maas, Randall) (Entered: 08/26/2022)

Assented to MOTION for Extension of Time to September 30, 2022 to File Answer re 1 Complaint, or Otherwise Respond to the Complaint by Ismael Almeida, Paul Michael Bertocchi, Boston Police Department, Catia Freire.(Whitesell, Edward) (Entered: 08/31/2022)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting Assented to MOTION for Extension of Time to September 30, 2022 to File Answer re 1 Complaint, or Otherwise Respond to the Complaint - All Defendants. (Zierk, Marsha) (Entered: 09/01/2022)

Order on Motion for Extension of Time to Answer

Second MOTION for Extension of Time to File Response to Plaintiff's Complaint by Ismael Almeida, Paul Michael Bertocchi, Boston Police Department, Catia Freire.(Maas, Randall) (Entered: 09/23/2022)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 23 Motion for Extension of Time to respond to the Complaint until October 28, 2022. The court notes that the response is now due more than five months after the filing of the Complaint. There will be no further extensions. (Zierk, Marsha) (Entered: 09/24/2022)

Order on Motion for Extension of Time

ANSWER to 1 Complaint, with Jury Demand by Boston Police Department.(Whitesell, Edward) (Entered: 10/28/2022)

ANSWER to 1 Complaint, with Jury Demand by Ismael Almeida.(Maas, Randall) (Entered: 10/28/2022)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Paul Michael Bertocchi, Catia Freire.(Maas, Randall) (Entered: 10/28/2022)

MEMORANDUM in Support re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul Michael Bertocchi, Catia Freire. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Maas, Randall) (Entered: 10/28/2022)

Judge Richard G. Stearns: ELECTRONIC ORDER entered. Defendants Boston Police Department and Ismael Almeida having filed Answers, the court, enters the following pretrial schedule. While aware of Officers Bertocchi and Freires motion to dismiss, as all defendants are represented by the same counsel, the court sees no detriment to any party in commencing discovery in this case.Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 12/2/22. All amendments to the pleadings and/or joinder of additional parties shall be completed by 1/6/23. The court will permit 30 interrogatories, 30 requests for admissions and 30 document requests without leave of court and expects those requests to be filed with the opposition within 30 days of the initial disclosures. If the parties would like to participate in the court's mediation program, they must notify our docket clerk Arnold Pacho (617-748-9812) by 5/17/23 (it may take several weeks to get a mediation date). All fact discovery must be completed no later than 6/9/23. Dispositive Motions, if any, are due by 7/7/23, with Oppositions to dispositive motions due 7/28/23; Reply, if any, by leave of court. If a party intends to utilize an expert, they must file a notice on the docket no later than 5/12/23, in order for the court to consider whether an expert is appropriate and, if so, to alter the existing schedule. (Zierk, Marsha) (Entered: 10/31/2022)

Order

Assented to MOTION for Extension of Time to November 22, 2022 to File Response/Reply as to 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lynnel Cox.(Frederickson, Robert) (Entered: 11/08/2022)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 30 Assented to MOTION for Extension of Time to November 22, 2022 to File Response/Reply as to 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Pacho, Arnold) (Entered: 11/09/2022)

Order on Motion for Extension of Time to File Response/Reply

NOTICE of Appearance by Alexandra Arnold on behalf of Lynnel Cox (Arnold, Alexandra) (Entered: 11/22/2022)

Opposition re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lynnel Cox. (Frederickson, Robert) (Entered: 11/22/2022)

Joint MOTION to Amend Scheduling Order by Lynnel Cox. (Attachments: # 1 Text of Proposed Order [Proposed] Amended Scheduling Order)(Frederickson, Robert) (Entered: 12/01/2022)

1 Text of Proposed Order [Proposed] Amended Scheduling Order

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Judge Richard G. Stearns: ELECTRONIC ORDER entered allowing in part 34 Motion to Amend Scheduling Order. Given the issues raised and the accompanying discovery needs in this case, the court will allow the extension of several deadlines previously identified in its 29 pretrial schedule order. However, the parties propose several deadlines that the court will not recognize. The amended pretrial schedule is as follows: Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 12/2/22. All amendments to the pleadings and/or joinder of additional parties shall be completed by 5/2/23. The court will permit 30 interrogatories, 30 requests for admissions and 30 document requests without leave of court and expects those requests to be filed with the opposition within 30 days of the initial disclosures. If the parties would like to participate in the court's mediation program, they must notify our docket clerk Arnold Pacho (617-748-9812) by 7/21/23 (it may take several weeks to get a mediation date). All fact discovery must be completed no later than 8/4/23. Plaintiff must designate its experts by 9/1/2023 and defendants must designate their experts by 9/29/2023. Expert discovery must be completed by 10/27/23. Dispositive motions, if any, are due by 11/17/23, with Oppositions to dispositive motions due 12/8/23; Reply, if any, by leave of court. (RGS, law1) (Entered: 12/01/2022)

Order on Motion for Miscellaneous Relief

Judge Richard G. Stearns: ORDER entered denying 27 Motion to Dismiss for Failure to State a Claim. (RGS, law1) (Entered: 12/07/2022)

Assented to MOTION for Extension of Time to January 4, 2023 to File Answer by Paul Michael Bertocchi, Catia Freire.(Maas, Randall) (Entered: 12/20/2022)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 37 Motion for Extension of Time to Answer. Bertocchi and Freire will file an answer to the Complaint by January 4, 2023. (RGS, law1) (Entered: 12/20/2022)

Order on Motion for Extension of Time to Answer

ANSWER to 1 Complaint, with Jury Demand by Catia Freire.(Maas, Randall) (Entered: 01/04/2023)

ANSWER to 1 Complaint, with Jury Demand by Paul Michael Bertocchi.(Maas, Randall) (Entered: 01/04/2023)

MOTION for Leave to File First Amended Complaint by Lynnel Cox. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Frederickson, Robert) (Entered: 02/21/2023)

1 Exhibit 1

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2 Exhibit 2

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DECLARATION re 41 MOTION for Leave to File First Amended Complaint by Lynnel Cox. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Frederickson, Robert) (Entered: 02/21/2023)

1 Exhibit A

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2 Exhibit B

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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 41 Motion for Leave to File Document. Counsel shall file the First Amended Complaint as a separate docket entry within one (1) day of this Order. (RGS, law3) (Entered: 02/22/2023)

AMENDED COMPLAINT [First Amended Complaint] against John/Jane Does Nos. 1-2, Ismael Almeida, Paul Michael Bertocchi, Catia Freire, David Marshall, City of Boston, filed by Lynnel Cox.(Frederickson, Robert) (Entered: 02/22/2023)

Order on Motion for Leave to File Document

Summons Issued as to the City of Boston, David Marshall. 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. (Pacho, Arnold) (Entered: 02/23/2023)

Joint MOTION for Protective Order by Lynnel Cox. (Attachments: # 1 Text of Proposed Order [Proposed] Protective Order)(Frederickson, Robert) (Entered: 03/07/2023)

1 Text of Proposed Order [Proposed] Protective Order

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ANSWER to 44 Amended Complaint by City of Boston.(Maas, Randall) (Entered: 03/08/2023)

ANSWER to 44 Amended Complaint by Paul Michael Bertocchi.(Maas, Randall) (Entered: 03/08/2023)

ANSWER to 44 Amended Complaint by Catia Freire.(Maas, Randall) (Entered: 03/08/2023)

ANSWER to 44 Amended Complaint by Ismael Almeida.(Maas, Randall) (Entered: 03/08/2023)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 46 Joint MOTION for Protective Order. (Pacho, Arnold) (Entered: 03/13/2023)

Judge Richard G. Stearns: ORDER entered. Protective Order. (Pacho, Arnold) (Entered: 03/13/2023)

Order on Motion for Protective Order

WAIVER OF SERVICE Returned Executed by Lynnel Cox. David Marshall waiver sent on 2/23/2023, answer due 4/24/2023. (Frederickson, Robert) (Entered: 03/16/2023)

NOTICE of Withdrawal of Appearance by Matthew Segal (Segal, Matthew) (Entered: 03/24/2023)

ANSWER to 44 Amended Complaint by David Marshall.(Maas, Randall) (Entered: 04/24/2023)

MOTION for Leave to File a Second Amended Complaint by Lynnel Cox. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Frederickson, Robert) (Entered: 06/09/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Opposition re 56 MOTION for Leave to File a Second Amended Complaint filed by City of Boston. (Attachments: # 1 Exhibit A - Initial Disclosures, # 2 Exhibit B - Answers to Interrogatories)(Whitesell, Edward) (Entered: 06/23/2023)

1 Exhibit A - Initial Disclosures

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2 Exhibit B - Answers to Interrogatories

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Judge Richard G. Stearns: ELECTRONIC ORDER entered. The court will ALLOW plaintiff Lynnel Cox's motion for leave to file a second amended complaint. While the May 2, 2023 deadline to amend pleadings has passed, this merely changes the movant's burden from "freely given" to establishing "good cause." TransSpec Truck Serv. v. Caterpillar Inc., 524 F.3d 315, 327 (1st Cir. 2008); Fed. R. Civ. P. 16(b)(4) (providing that a schedule may be modified "for good cause and with the judge's consent").The City of Boston opposes the amendment asserting that Cox is delinquent in filing the motion; the City argues that Cox has been aware of Sergeant Taxter's mistaken identification of Officer Marshall (instead of Officer Picarello) in multiple Boston Police Department reports (some produced by the City as recently as March 23, 2023). However, it is inevident from the briefing that the City explicitly told Cox that the reports' identification was erroneous until after the deadline for amendments had passed. The City provided interrogatory responses on March 24, 2023 and documents produced on December 2, 2022 that conflicted with the reports' accounts. From these contradictory sources of information, it appears that the City expected Cox to infer that the reports were incorrect, before confirming this at their May 15, 2023 meet and confer. The conflicting information provided to Cox is sufficient good cause and a source of excusable neglect to warrant a second amendment to add Officer Picarello as a defendant. Defendants will have an opportunity through discovery and motions practice to confirm that either Officer Picarello or Officer Marshall is an improper defendant and should be dismissed. However, at this stage of litigation, which officer is the proper defendant is insufficiently established to dismiss one or the other. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1) (Entered: 06/28/2023)

AMENDED COMPLAINT Second Amended Complaint against John/Jane Does Nos. 1-2, David Marshall, Ismael Almeida, Boston Police Department, City of Boston, Paul Michael Bertocchi, Catia Freire, filed by Lynnel Cox.(Frederickson, Robert) (Entered: 06/28/2023)

Order on Motion for Leave to File Document

Joint MOTION for Extension of Time to September 29, 2023 to Complete Discovery by Ismael Almeida, Paul Michael Bertocchi, City of Boston, Catia Freire, David Marshall.(Maas, Randall) (Entered: 07/05/2023)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 60 Motion for Extension of Time to Complete Discovery. The court will permit the parties' joint request to extend the fact discovery deadline by eight weeks in light of the added defendant. The parties include additional extensions in the pretrial schedule with no additional justification, so those proposed changes are denied. The court also does not see the need for rebuttal experts at this time. If, after defendants designate experts, plaintiff believes rebuttal experts are required, she may file a motion by 12/1/2023 specifying why, under Fed. R. Evid. 702, someone other than her original experts is needed and on what topic for the court to determine whether it is necessary.The amended pretrial schedule is as follows: The court will permit 30 interrogatories, 30 requests for admissions and 30 document requests without leave of court and expects those requests to be filed with the opposition within 30 days of the initial disclosures. If the parties would like to participate in the court's mediation program, they must notify our docket clerk Arnold Pacho (617-748-9812) by 7/21/23 (it may take several weeks to get a mediation date). All fact discovery must be completed no later than 9/29/23.Plaintiff must designate its experts by 10/27/2023 and defendants must designate their experts by 11/24/2023. Expert discovery must be completed by 12/22/23.Dispositive motions, if any, are due by 1/19/24, with Oppositions to dispositive motions due 2/9/24; Reply, if any, by leave of court. (RGS, law1) (Entered: 07/07/2023)

Order on Motion for Extension of Time to Complete Discovery

ANSWER to 59 Amended Complaint by David Marshall.(Maas, Randall) (Entered: 07/12/2023)

ANSWER to 59 Amended Complaint by Ismael Almeida.(Maas, Randall) (Entered: 07/12/2023)

ANSWER to 59 Amended Complaint by City of Boston.(Maas, Randall) (Entered: 07/12/2023)

ANSWER to 59 Amended Complaint by Paul Michael Bertocchi.(Maas, Randall) (Entered: 07/12/2023)

ANSWER to 59 Amended Complaint by Catia Freire.(Maas, Randall) (Entered: 07/12/2023)

NOTICE of Appearance by Adriana Lafaille on behalf of Lynnel Cox (Lafaille, Adriana) (Entered: 07/25/2023)

WAIVER OF SERVICE Returned Executed by Lynnel Cox. Brian Picarello waiver sent on 6/28/2023, answer due 8/28/2023. (Frederickson, Robert) (Entered: 08/18/2023)

ANSWER to 59 Amended Complaint by Brian Picarello.(Maas, Randall) (Entered: 08/28/2023)

Joint MOTION for Extension of Time to November 3, 2023 to to Complete Discovery by Lynnel Cox.(Frederickson, Robert) (Entered: 09/19/2023)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 70 Motion for Extension of Time. While the court appreciates the gravity of this case, the court previously granted what is for this session a very lengthy discovery extension of eight weeks. The parties purported justification that they have been unable to schedule Rule 30(b)(6) depositions of the City and the deposition of one defendant does not explain why the parties need five additional weeks of fact discovery. Nevertheless, the court will allow one final extension of fact discovery by four weeks. We expect no further extensions to the pretrial schedule. The amended pretrial schedule is as follows: The court will permit 30 interrogatories, 30 requests for admission and 30 document requests without leave of court and expects those requests to be filed within 30 days of the initial disclosures. If the parties would like to participate in the courts mediation program, they must notify our docket clerk Arnold Pacho (617-748-9812) by October 3, 2023 (it may take several weeks to get a mediation date). All fact discovery must be completed no later than October 27, 2023. Plaintiff must designate her experts by November 24, 2023 and defendants must designate their experts by December 22, 2023. Expert discovery must be completed by January 19, 2024. Dispositive motions, if any, are due by February 16, 2024, with Oppositions to dispositive motions due by March 8, 2024. Reply, if any, by leave of court. (RGS, law4) (Entered: 09/19/2023)

Order on Motion for Extension of Time

NOTICE of Withdrawal of Appearance by Alexandra Arnold (Arnold, Alexandra) (Entered: 09/22/2023)

MOTION to Compel Outstanding Discovery of Defendant City of Boston by Lynnel Cox.(Frederickson, Robert) (Entered: 10/10/2023)

MEMORANDUM in Support re 73 MOTION to Compel Outstanding Discovery of Defendant City of Boston filed by Lynnel Cox. (Frederickson, Robert) (Entered: 10/10/2023)

DECLARATION re 73 MOTION to Compel Outstanding Discovery of Defendant City of Boston - Declaration of Alexandra Valenti in Support of Plaintiff's Motion to Compel Outstanding Discovery of Defendant City of Boston by Lynnel Cox. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Valenti, Alexandra) (Entered: 10/10/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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MOTION to Expedite Briefing Schedule for Plaintiff's Motion to Compel Outstanding Discovery of Defendant City of Boston (ECF 73) by Lynnel Cox.(Frederickson, Robert) (Entered: 10/10/2023)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 76 Motion to Expedite.The court is concerned by Cox's representation that the parties have yet to schedule a Rule 30(b)(6) deposition of the City noticed more than four months ago and the City has yet to produce documents responsive to requests propounded more than nine months ago. Given the imminent fact discovery deadline, the City will file its opposition, if any, to Cox's Motion to Compel by 12:00pm on October 16, 2023. (RGS, law4) (Entered: 10/11/2023)

Order on Motion to Expedite

STATUS REPORT by Lynnel Cox. (Frederickson, Robert) (Entered: 10/13/2023)

RESPONSE to Motion re 73 MOTION to Compel Outstanding Discovery of Defendant City of Boston filed by City of Boston. (Whitesell, Edward) (Entered: 10/16/2023)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 73 Motion to Compel. The court will ALLOW Cox's motion to compel. In the parties' second request for an extension of time to complete discovery -- filed nearly one month ago -- the parties cited an inability to schedule a Rule 30(b)(6) deposition as one of two reasons for needing additional time. The court made clear in its order granting this extension that it did not expect further extensions to the pretrial schedule. The court has now learned that Cox served the 30(b)(6) deposition notice nearly five months ago, in May of 2023. Dkt. # 74 at 2. As of the time of its filing today, the City has still failed to designate a witness to testify about one of the 30(b)(6) topics. The City provides no reason for this failure but simply states it "will identify a member of the Homicide Unit to testify." Dkt. # 79 at 3.Cox has been very flexible in attempting to finalize fact discovery in this case. For example, she has accepted documents and testimony of witnesses in their individual capacities in lieu of 30(b)(6) testimony on certain topics. Dkt. # 74 at 2, 5-6. Cox also followed up with the City about outstanding document requests propounded in January at least six times and about the outstanding deposition topics at least four times before filing her motion. Id. at 3-4. In response, the City stated that it was "investigat[ing]" whether responsive documents were in its possession, custody, and control, but it did not produce the documents until after Cox filed her motion to compel. Id. The 30(b)(6) deposition of the City went unscheduled for months. Id. The court is encouraged that the parties appear to be working to determine whether any additional documents remain outstanding and that the City has designated additional witnesses to testify about some of the outstanding 30(b)(6) topics. But there are only nine business days left of fact discovery. The City will designate its Rule 30(b)(6) deponent from the Homicide Unit by Friday, October 20. The City will produce the witness for deposition and complete what is left of its document productions on or before Friday, October 27. (RGS, law4) (Entered: 10/16/2023)

Order on Motion to Compel

NOTICE of Appearance by Isabel Burlingame on behalf of Lynnel Cox (Burlingame, Isabel) (Entered: 10/17/2023)

STIPULATION of Dismissal as to Defendant David Marshall by Lynnel Cox. (Frederickson, Robert) (Entered: 10/26/2023)

NOTICE of Withdrawal of Appearance by Wrenne Bartlett (Bartlett, Wrenne) (Entered: 11/10/2023)

MOTION for Summary Judgment by Ismael Almeida, Paul Michael Bertocchi, Catia Freire, Brian Picarello.(Whitesell, Edward) (Entered: 02/16/2024)

MEMORANDUM in Support re 84 MOTION for Summary Judgment filed by Ismael Almeida, Paul Michael Bertocchi, Catia Freire, Brian Picarello. (Whitesell, Edward) (Entered: 02/16/2024)