Case: Lopera v. Town of Coventry

U.S. Court of Appeals for the First Circuit

COMPLAINT against Town of Coventry, Kevin P Harris, Kevin Kennedy, David Nelson, Stephen A Michailides, Brian J. O'Rourke, Ronald E DaSilva ( Filing fee $ 350 receipt number 68415.), filed by William Ruiz, Pedro Hernandez, Luis E Ardila-Lazaro, Brian Ocampo, Stephen Patino, Juan Lopera, Joulder Salazar, Milton Jr Ricuarte, Marlon Giraldo, Mauricio Espinal, Hector Cardona, Steven Giraldo. (Attachments: # (1) Civil Cover Sheet)(Baldinelli, Doreen)

1 Civil Cover Sheet

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NOTICE of Appearance by Marc DeSisto on behalf of all defendants (DeSisto, Marc)

ANSWER to [1] Complaint, by Town of Coventry, Kevin P Harris, Kevin Kennedy, David Nelson, Stephen A Michailides, Ronald E DaSilva, Brian J O'Rourke.(DeSisto, Marc)

NOTICE of Hearing: Rule 16 Conference set for 6/10/2008 at 9:30 AM in Judge Smith Chambers before Judge William E Smith. (Baldinelli, Doreen)

RULE 16 STATEMENT by all plaintiffs. (Bejma, Vicki)

PRETRIAL ORDER. All fact discovery must be completed by 11/10/08; dispositive motions must be filed by 11/10/08; pretrial memoranda are due 30 days after a decision on any dispositive motions, or if no dispositive motions are filed, by 11/24/08. So Ordered by Judge William E Smith on 6/9/08. (Marseglia, Patricia)

STIPULATION regarding acceptance of service by all parties. (Bejma, Vicki)

SETTLEMENT CONFERENCE ORDER AND NOTICE OF SETTLEMENT CONFERENCE, ( Settlement Conference set for 7/1/2008 02:00 PM in Magistrate Judge Martin Chambers - Room P-285 before Magistrate Judge David L. Martin.). So Ordered by Magistrate Judge David L. Martin on 6/18/08. (Saucier, Martha)

MOTION for an Extension of Time Continue Settlement Conference, MOTION to Continue by all plaintiffs. Responses due by 7/17/2008 (Bejma, Vicki)

STIPULATION re [3] Answer to Complaint by all parties. (DeSisto, Marc)

SUMMONS Returned Executed by Luis E Ardila-Lazaro. Town of Coventry served on 4/14/2008, answer due 5/5/2008. (Bejma, Vicki)

SUMMONS Returned Executed by Luis E Ardila-Lazaro. Ronald E DaSilva served on 4/9/2008, answer due 4/29/2008. (Bejma, Vicki)

SUMMONS Returned Executed by Luis E Ardila-Lazaro. Stephen A Michailides served on 4/9/2008, answer due 4/29/2008. (Bejma, Vicki)

SUMMONS Returned Executed by Luis E Ardila-Lazaro. Kevin P Harris served on 4/9/2008, answer due 4/29/2008. (Bejma, Vicki)

SUMMONS Returned Executed by Luis E Ardila-Lazaro. David Nelson served on 4/9/2008, answer due 4/29/2008. (Bejma, Vicki)

SUMMONS Returned Executed by Luis E Ardila-Lazaro. Kevin Kennedy served on 7/30/2008, answer due 8/19/2008. (Bejma, Vicki)

STIPULATION Enlarging time by all parties. (Bejma, Vicki)

STIPULATION by all parties. (Bejma, Vicki) (Entered: 09/30/2008)

TEXT ORDER ENTERING 18 Stipulation filed by Town of Coventry, Brian J O'Rourke, Luis E Ardila−Lazaro, Milton Jr Ricuarte, Brian Ocampo, Stephen Patino, Steven Giraldo, William Ruiz, Ronald E DaSilva, Joulder Salazar, Mauricio Espinal, Kevin Kennedy, Stephen A Michailides, Kevin P Harris, Pedro Hernandez, David Nelson, Marlon Giraldo, Hector Cardona, Juan Lopera. Plaintiffs shall have up to and including 10/14/2008 to file their objections and responses to the Defendants' Interrogatories. So Ordered by Judge William E Smith on 10/1/2008. (Geile, Wendy) (Entered: 10/01/2008)

NOTICE of Appearance by Karen K. Corcoran on behalf of all defendants (Corcoran, Karen) (Entered: 10/01/2008)

Assented MOTION for an Extension of Time Extended Existing Deadline under Existing Pretrial Order by all defendants. Responses due by 10/20/2008 (Corcoran, Karen) (Entered: 10/01/2008)

TEXT ORDER granting 20 Motion for Extension of Time. All fact discovery must be completed by 1/10/09; dispositive motions must be filed by 1/10/09; pretrial memoranda are due 30 days after a decision on any dispositive motions, or if no dispositive motions are filed, by 1/24/09. So Ordered by Judge William E Smith on 10/7/2008. (Geile, Wendy) (Entered: 10/07/2008)

MOTION to Amend/Correct Complaint with supporting memo by all plaintiffs. Responses due by 12/8/2008 (Attachments: # 1 Exhibit 1)(Bejma, Vicki) (Entered: 11/19/2008)

Motion Forwarded to Chambers 21 MOTION to Amend/Correct Complaint FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy) (Entered: 12/11/2008)

TEXT ORDER granting 21 Motion to Amend/Correct. So Ordered by Judge William E Smith on 12/12/2008. (Geile, Wendy) (Entered: 12/12/2008)

ANSWER to Complaint (Amended) by Town of Coventry, Kevin P Harris, Kevin Kennedy, David Nelson, Stephen A Michailides, Ronald E DaSilva, Brian J O'Rourke.(DeSisto, Marc) (Entered: 12/15/2008)

MOTION for an Extension of Time to Complete Discovery by all plaintiffs. Responses due by 1/9/2009 (Bejma, Vicki) (Entered: 12/23/2008)

Motion Forwarded to Chambers 23 MOTION for an Extension of Time to Complete Discovery FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy) (Entered: 12/23/2008)

AMENDED COMPLAINT against all defendants, filed by Luis E Ardila−Lazaro.(Bejma, Vicki) (Entered: 12/29/2008)

TEXT ORDER granting 23 Motion for Extension of Time to Complete Discovery. All fact discovery must be completed by 3/10/09; dispositive motions must be filed by 3/10/09; pretrial memoranda are due 30 days after a decision on any dispositive motions, or if no dispositive motions are filed, by 3/24/09. So Ordered by Judge William E Smith on 12/29/2008. (Geile, Wendy) (Entered: 12/29/2008)

MOTION for Summary Judgment with supporting memo and exhibit by all defendants. Responses due by 3/27/2009 (DeSisto, Marc) (Entered: 03/10/2009)

STATEMENT OF UNDISPUTED FACTS by all defendants re 25 MOTION for Summary Judgment. (DeSisto, Marc) (Entered: 03/10/2009)

MOTION for an Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by all plaintiffs. Responses due by 4/13/2009 (Bejma, Vicki) (Entered: 03/27/2009)

TEXT ORDER granting 27 Motion for Extension of Time to File Response/Reply re 25 MOTION for Summary Judgment. Responses due by 4/27/2009. So Ordered by Judge William E Smith on 4/1/2009. (Geile, Wendy) (Entered: 04/01/2009)

RESPONSE in Opposition re 25 MOTION for Summary Judgment with supporting memo filed by all plaintiffs. (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)(Bejma, Vicki) (Entered: 04/27/2009)

STATEMENT OF DISPUTED FACTS by all plaintiffs. (Bejma, Vicki) (Entered: 04/27/2009)

STATEMENT OF UNDISPUTED FACTS by all plaintiffs. (Bejma, Vicki) (Entered: 04/27/2009)

Motion Forwarded to Chambers 25 MOTION for Summary Judgment FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy) (Entered: 04/28/2009)

NOTICE of Hearing on Motion 25 MOTION for Summary Judgment : Motion Hearing set for 6/3/2009 at 9:30 AM in Courtroom 2 before Judge William E Smith. (Geile, Wendy) (Entered: 04/29/2009)

REVISED NOTICE of Hearing on Motion 25 MOTION for Summary Judgment : Motion Hearing RESET for 5/26/2009 at 11:00 AM in Courtroom 2 before Judge William E Smith. (Geile, Wendy) (Entered: 05/05/2009)

Minute Entry for proceedings held before Judge William E Smith: Motion Hearing held on 5/26/2009 re 25 MOTION for Summary Judgment filed by Ronald E DaSilva, Town of Coventry, Stephen A Michailides, Brian J O'Rourke, Kevin P Harris, David Nelson, Kevin Kennedy. Vicki Bejma for Plaintiff. Marc DeSisto for Defendants. All counsel of record present. Court addresses. Arguments heard as to Defendant's Motion for Summary Judgment; Court takes matter under advisement. Defense Counsel to file a supplemental memo re: the Monel Claim; Plaintiff can file a reply. (Court Reporter Anne Clayton in Courtroom 2 at 11:09 am.) (Smith, Rana) (Entered: 05/26/2009)

SUPPLEMENTAL MEMORANDUM by all defendants in support of 25 MOTION for Summary Judgment. (DeSisto, Marc) (Entered: 06/09/2009)

STIPULATION by all parties. (Bejma, Vicki) (Entered: 06/15/2009)

ORDER Entering 32 Stipulation filed by Town of Coventry, Brian J O'Rourke, Luis E Ardila−Lazaro, Milton Jr Ricuarte, Brian Ocampo, Stephen Patino, Steven Giraldo, William Ruiz, Ronald E DaSilva, Joulder Salazar, Mauricio Espinal, Kevin Kennedy, Stephen A Michailides, Kevin P Harris, Pedro Hernandez, David Nelson, Marlon Giraldo, Hector Cardona, Juan Lopera. So Ordered by Judge William E. Smith on 6/23/09. (Jackson, Ryan) (Entered: 06/25/2009)

Reset Deadlines: Plaintiffs' Response to 31 SUPPLEMENTAL MEMORANDUM by all defendants in support of 25 MOTION for Summary Judgment due by 7/17/2009 (Jackson, Ryan) (Entered: 06/25/2009)

RESPONSE to Motion re 25 MOTION for Summary Judgment (Supplemental) filed by all plaintiffs. (Attachments: # 1 Exhibit O, # 2 Exhibit P, # 3 Exhibit Q, # 4 Exhibit R)(Bejma, Vicki) (Entered: 07/16/2009)

JUDGMENT in favor of Town of Coventry, Brian J O'Rourke, David Nelson, Kevin Kennedy, Kevin P Harris, Ronald E DaSilva, Stephen A Michailides against Brian Ocampo, Hector Cardona, Joulder Salazar, Juan Lopera, Luis E Ardila−Lazaro, Marlon Giraldo, Mauricio Espinal, Milton Jr Ricuarte, Pedro Hernandez, Stephen Patino, Steven Giraldo, William Ruiz. So Ordered by Deputy Clerk; Ryan H. Jackson on 9/11/09. (Jackson, Ryan) (Entered: 09/11/2009)

DECISION AND ORDER granting 25 Motion for Summary Judgment filed by all defendants. So Ordered by Judge William E. Smith on 9/9/09. (Jackson, Ryan)

DECISION AND ORDER granting 25 Motion for Summary Judgment filed by all defendants. So Ordered by Judge William E. Smith on 9/9/09. (Jackson, Ryan)

NOTICE OF APPEAL as to 35 Order on Motion for Summary Judgment, 36 Judgment, by Luis E Ardila−Lazaro. Appeal Record due by 11/4/2009. (Bejma, Vicki) (Entered: 10/05/2009)

USCA Appeal Fees received $ 455 receipt number 14670002002 re 37 Notice of Appeal filed by Luis E Ardila−Lazaro (Smith, Rana) (Entered: 10/05/2009)

APPEAL COVER SHEET Re: 37 Notice of Appeal filed by Luis E Ardila−Lazaro (Smith, Rana) (Entered: 10/06/2009)

CLERK'S CERTIFICATE RE: Record on Appeal re 37 Notice of Appeal (Smith, Rana) (Entered: 10/06/2009)

Certified and Transmitted Abbreviated Record on Appeal to US Court of Appeals re 37 Notice of Appeal (Smith, Rana) (Entered: 10/06/2009)

USCA Case Number 09−2386 for 37 Notice of Appeal filed by Luis E Ardila−Lazaro. (Smith, Rana) (Entered: 10/07/2009)

TRANSCRIPT REQUEST for proceedings held on 5/26/2009 before Judge William E. Smith. (Smith, Rana) (Entered: 10/16/2009)

TRANSCRIPT of Defendants' Motion for Summary Judgment filed for date of May 26, 2009 before Judge William E. Smith, re 37 Notice of Appeal. Court Reporter/Transcriber Anne M. Clayton, Telephone number 401−255−2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/25/2009. Redacted Transcript Deadline set for 12/7/2009. Release of Transcript Restriction set for 2/2/2010. (Clayton, Anne) (Entered: 11/04/2009)

SLIP OPINION of USCA as to 37 Notice of Appeal filed by Luis E Ardila−Lazaro (Jackson, Ryan) (Entered: 04/05/2011)

USCA JUDGMENT as to 37 Notice of Appeal filed by Luis E Ardila−Lazaro; the Judgment of the District Court is AFFIRMED (Jackson, Ryan) (Entered: 04/05/2011)

MANDATE of USCA as to 37 Notice of Appeal filed by Luis E Ardila−Lazaro (Urizandi, Nisshy) (Entered: 06/02/2011)