1
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Complaint filed. Case assigned to Judge: Zobel. Receipt #: 267843 Amount:$ 120.00. (fmr) (Entered: 04/13/1995)
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April 13, 1995
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April 13, 1995
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Summons issued for Mary Roe, Edward Hayes, North Reading (fmr) (Entered: 04/13/1995)
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April 13, 1995
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April 13, 1995
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2
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Return of service executed as to Edward Hayes with service on 4/21/95 filed. Answer due on 5/11/95 for Edward Hayes (lau) (Entered: 04/27/1995)
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April 26, 1995
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April 26, 1995
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3
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Return of service executed as to North Reading with service on 4/21/95 filed. Answer due on 5/11/95 for North Reading (lau) (Entered: 04/27/1995)
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April 26, 1995
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April 26, 1995
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4
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Answer by Edward Hayes, North Reading to complaint; jury demand, filed. (lau) (Entered: 05/08/1995)
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May 8, 1995
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May 8, 1995
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5
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Judge Rya W. Zobel . Notice of Hearing/conference: set scheduling conference for 2:00 7/20/95 . Entered cc/cl (lau) (Entered: 05/08/1995)
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May 8, 1995
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May 8, 1995
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6
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Return of service executed as to North Reading with service on 6/15/95 filed. Answer due on 7/5/95 for North Reading (cmg) (Entered: 06/30/1995)
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June 27, 1995
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June 27, 1995
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Case reassigned from Judge Zobel to Judge George A. O'Toole Jr. upon appointment to the bench. Notice sent to counsel. (cmg) (Entered: 07/14/1995)
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July 11, 1995
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July 11, 1995
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7
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Motion by Kelly J. Swain to amend [1-1] complaint , filed. (lau) (Entered: 07/14/1995)
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July 13, 1995
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July 13, 1995
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8
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Joint statement by Kelly J. Swain, Mary Roe, Edward Hayes, North Reading , re: Local Rule 16.1, filed. (lau) (Entered: 07/17/1995)
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July 14, 1995
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July 14, 1995
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9
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Amended complaint by Kelly J. Swain filed. (Answer due 7/27/95 for North Reading, for Edward Hayes, for Mary Roe ) . Amended complaint amends [1-1] complaint ; adding Laura Spinney . (lau) (Entered: 07/18/1995)
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July 17, 1995
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July 17, 1995
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Scheduling conference held . (lau) (Entered: 07/26/1995)
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July 20, 1995
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July 20, 1995
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12
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Judge George A. O'Toole Jr. . Clerk's Notes: re: scheduling conference, set discovery due for 12/31/95 , set motion filing deadline for 1/31/96 , set Jury trial for 9:00 4/29/96 , set pretrial conference for 2:00 4/18/96 (lau) (Entered: 07/26/1995)
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July 20, 1995
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July 20, 1995
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10
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Notice of appearance of attorney for Edward Hayes, North Reading, Laura Spinney by Regina M. Gilgun & Douglas I. Louison, filed. (lau) (Entered: 07/24/1995)
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July 24, 1995
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July 24, 1995
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11
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Certificate of Consultation re: establishing a budget , filed. (lau) (Entered: 07/24/1995)
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July 24, 1995
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July 24, 1995
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13
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Judge George A. O'Toole Jr. . Scheduling Order entered See Clerk Note #12. Entered (lau) (Entered: 07/26/1995)
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July 25, 1995
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July 25, 1995
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14
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Amended Answer to Complaint by Edward Hayes, North Reading, Laura Spinney , filed. Answer amends [4-1] answer .; jury demand (lau) (Entered: 07/31/1995)
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July 28, 1995
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July 28, 1995
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15
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Certificate of Consultation re: establishing a budget , filed. (lau) (Entered: 07/31/1995)
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July 31, 1995
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July 31, 1995
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16
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Assented to Motion by Edward Hayes, North Reading, Laura Spinney to take the deposition of incarcerated person, plaintiff Christopher Milbury , filed. (lau) (Entered: 09/18/1995)
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Sept. 18, 1995
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Sept. 18, 1995
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Judge George A. O'Toole Jr. . Endorsed Order entered granting [16-1] motion to take the deposition of incarcerated person, plaintiff Christopher Milbury. Entered cc/cl (lau) (Entered: 09/21/1995)
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Sept. 20, 1995
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Sept. 20, 1995
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17
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Motion by Edward Hayes, North Reading, Laura Spinney for protective order quashing the deposition of the Town Manager and the Chairman of The Board of Selectmen , filed. (lau) (Entered: 11/17/1995)
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Nov. 17, 1995
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Nov. 17, 1995
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18
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Memorandum by Edward Hayes, North Reading, Laura Spinney in support of [17-1] motion for protective order quashing the deposition of the Town Manager and the Chairman of The Board of Selectmen , filed. (lau) (Entered: 11/17/1995)
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Nov. 17, 1995
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Nov. 17, 1995
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19
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Notice by Kelly J. Swain to take deposition of Town Manager of the Town of North Reading, filed. (lau) (Entered: 11/17/1995)
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Nov. 17, 1995
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Nov. 17, 1995
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20
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Notice by Kelly J. Swain to take deposition of Chairman of the Board of Selectman of the Town of North Reading, filed. (lau) (Entered: 11/17/1995)
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Nov. 17, 1995
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Nov. 17, 1995
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21
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Certificate of Consultation re: [17-1] motion for protective order quashing the deposition of the Town Manager and the Chairman of The Board of Selectmen , filed. (lau) (Entered: 11/17/1995)
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Nov. 17, 1995
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Nov. 17, 1995
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23
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Memorandum by Edward Hayes, North Reading, Laura Spinney in support of [22-1] motion to compel production of Psychiatric Records , filed. (lau) (Entered: 12/19/1995)
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Dec. 15, 1995
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Dec. 15, 1995
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Judge George A. O'Toole Jr. . Endorsed Order entered granting [17-1] motion for protective order quashing the deposition of the Town Manager and the Chairman of The Board of Selectmen. There being no opposition. Entered cc/cl (lau) (Entered: 01/03/1996)
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Dec. 21, 1995
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Dec. 21, 1995
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24
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Memorandum by Kelly J. Swain in opposition to [22-1] motion to compel production of Psychiatric Records , filed. (lau) (Entered: 12/27/1995)
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Dec. 27, 1995
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Dec. 27, 1995
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25
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Affidavit of Kelly J. Swain of Michael E. Tyler , re: [24-1] opposition memorandum , filed. (lau) (Entered: 12/27/1995)
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Dec. 27, 1995
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Dec. 27, 1995
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26
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Letter by Kelly J. Swain by Michael E. Tyler dated: 1/2/96 re: Plaintiff's Response to Defendant, Town of North Reading's Requests for Admissions (Atty. requests it on file) filed. (lau) (Entered: 01/09/1996)
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Jan. 5, 1996
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Jan. 5, 1996
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Judge George A. O'Toole Jr. . Endorsed Order entered granting [22-1] motion to compel production of Psychiatric Records as to records of treatment from May 18, 1993 to the present. Entered cc/cl (lau) (Entered: 01/17/1996)
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Jan. 16, 1996
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Jan. 16, 1996
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27
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Judge George A. O'Toole Jr. . Order for pretrial conference entered, set pretrial conference for 2:00 4/18/96 . Entered cc/cl (lau) (Entered: 03/11/1996)
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March 11, 1996
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March 11, 1996
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28
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Assented to Motion by Edward Hayes, North Reading, Laura Spinney to extend time to 4/17/96 to file motion for summary judgment , filed. (lau) (Entered: 04/04/1996)
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April 3, 1996
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April 3, 1996
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29
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Certificate of Consultation re: [28-1] motion to extend time to 4/17/96 to file motion for summary judgment , filed. (lau) (Entered: 04/04/1996)
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April 3, 1996
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April 3, 1996
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Judge George A. O'Toole Jr. . Endorsed Order entered granting [28-1] motion to extend time to 4/17/96 to file motion for summary judgment. Entered cc/cl (lau) (Entered: 04/10/1996)
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April 9, 1996
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April 9, 1996
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30
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Pretrial memorandum by Kelly J. Swain, Edward Hayes, North Reading, Laura Spinney , filed. (lau) (Entered: 04/16/1996)
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April 12, 1996
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April 12, 1996
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31
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Motion by Edward Hayes, North Reading, Laura Spinney for summary judgment , filed. (lau) (Entered: 04/18/1996)
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April 17, 1996
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April 17, 1996
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32
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Memorandum by Edward Hayes, North Reading, Laura Spinney in support of [31-1] motion for summary judgment , filed. (lau) (Entered: 04/18/1996)
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April 17, 1996
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April 17, 1996
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33
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Certificate of Consultation re: [31-1] motion for summary judgment , filed. (lau) (Entered: 04/18/1996)
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April 17, 1996
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April 17, 1996
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Pre-trial conference held . (lau) (Entered: 04/24/1996)
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April 18, 1996
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April 18, 1996
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38
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Judge George A. O'Toole Jr. . Clerk's Notes: re: pretrial conference, reset Jury trial for 9:00 5/20/96 , set pretrial conference for 2:30 5/15/96 , Response to motion and defendant's reply by 5/3/96 [31-1] motion for summary judgment (lau) (Entered: 04/24/1996)
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April 18, 1996
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April 18, 1996
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34
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Motion by Edward Hayes, North Reading, Laura Spinney for an Order granting access to criminal offender record information concerning the plaintiff Kelli Swain , filed. (lau) (Entered: 04/24/1996)
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April 23, 1996
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April 23, 1996
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35
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Affidavit of Edward Hayes, North Reading, Laura Spinney of Douglas I. Louison , re: [34-1] motion for an Order granting access to criminal offender record information concerning the plaintiff Kelli Swain , filed. (lau) (Entered: 04/24/1996)
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April 23, 1996
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April 23, 1996
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36
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Motion by Edward Hayes, North Reading, Laura Spinney for an Order granting access to criminal offender record information concerning the witness, Christopher Milbury , filed. (lau) (Entered: 04/24/1996)
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April 23, 1996
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April 23, 1996
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37
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Affidavit of Edward Hayes, North Reading, Laura Spinney of Douglas I. Louison , re: [36-1] motion for an Order granting access to criminal offender record information concerning the witness, Christopher Milbury , filed. (lau) (Entered: 04/24/1996)
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April 23, 1996
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April 23, 1996
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39
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Memorandum by Kelly J. Swain in opposition to [31-1] motion for summary judgment , filed. (lau) (Entered: 05/06/1996)
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May 3, 1996
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May 3, 1996
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40
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Reply by Kelly J. Swain to response to [31-1] motion for summary judgment , filed. (lau) (Entered: 05/06/1996)
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May 3, 1996
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May 3, 1996
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Pre-trial conference held . (lau) (Entered: 05/17/1996)
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May 16, 1996
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May 16, 1996
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41
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Judge George A. O'Toole Jr. . Clerk's Notes: re: pretrial conference; summary judgment motion pending; reset Jury trial for 9:00 7/8/96 (lau) (Entered: 05/17/1996)
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May 16, 1996
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May 16, 1996
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42
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Judge George A. O'Toole Jr. . Order entered granting [36-1] motion for an Order granting access to criminal offender record information concerning the witness, Christopher Milbury. Entered cc/cl (lau) (Entered: 05/17/1996)
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May 16, 1996
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May 16, 1996
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43
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Judge George A. O'Toole Jr. . Order entered granting [34-1] motion for an Order granting access to criminal offender record information concerning the plaintiff Kelli Swain. Entered cc/cl (lau) (Entered: 05/17/1996)
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May 16, 1996
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May 16, 1996
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44
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Judge George A. O'Toole Jr. . Memorandum and Order entered. granting [31-1] defendant motion for summary judgement. cc/cl (fmr) (Entered: 07/05/1996)
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July 5, 1996
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July 5, 1996
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45
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Judge George A. O'Toole Jr. . Judgment entered for Edward Hayes, North Reading, Laura Spinney . , and (fmr) (Entered: 07/05/1996)
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July 5, 1996
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July 5, 1996
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Case closed. (fmr) (Entered: 07/05/1996)
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July 5, 1996
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July 5, 1996
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46
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Ex Parte Motion by Kelly J. Swain to permit late filing of Notice of Appeal , filed. (lau) (Entered: 08/07/1996)
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Aug. 7, 1996
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Aug. 7, 1996
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Judge George A. O'Toole Jr. . Endorsed Order entered granting [46-1] motion to permit late filing of Notice of Appeal. Entered cc/cl (lau) (Entered: 08/09/1996)
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Aug. 9, 1996
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Aug. 9, 1996
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47
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Notice of appeal by Kelly J. Swain filed. Appeal record due on 9/19/96 (fmr) (Entered: 08/28/1996)
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Aug. 20, 1996
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Aug. 20, 1996
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Appellant's statement of issues on appeal filed by the plaintiff, Kelly Swain: (fmr) (Entered: 10/09/1996)
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Sept. 5, 1996
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Sept. 5, 1996
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USCA appeal fees received Fee Status: pd Fee Amount: $ 105.00 Receipt #: 119033 (fmr) (Entered: 10/09/1996)
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Oct. 9, 1996
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Oct. 9, 1996
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48
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Notice of change of address filed by Regina M. Gilgun, Douglas I. Louison by Edward Hayes, North Reading, Laura Spinney . (lau) (Entered: 11/13/1996)
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Nov. 12, 1996
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Nov. 12, 1996
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49
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Opinion of the Court of Appeals re: [47-1] appeal , entered This could indeed constitute "intimidation" or "coercion" within the meaning of the statue. The judgment of the court below is affirmed with respect to the Town of North Reading, and reversed with respect to the individual defendants.. (fmr) (Entered: 06/27/1997)
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June 25, 1997
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June 25, 1997
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50
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Judge George A. O'Toole Jr. . Order entered, set Jury trial for 9:00 9/8/97 , set pretrial conference for 2:30 9/4/97 . Entered cc/cl (lau) (Entered: 07/02/1997)
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July 2, 1997
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July 2, 1997
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51
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Mandate of US Court of Appeals re: [47-1] appeal reversing Upon consideration whereof, it is now here ordered,adjudged and decreed as follows: The district court's judgment with respect to the Town of North Reading is affirmed, but with respect to the individual defendants,it is reversed. . (fmr) (Entered: 07/18/1997)
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July 17, 1997
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July 17, 1997
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Record on appeal returned from U.S. Court of Appeals, re: . (fmr) (Entered: 07/18/1997)
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July 17, 1997
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July 17, 1997
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52
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Judge George A. O'Toole Jr. . Order entered, set pretrial conference for 2:30 9/4/97 . Entered cc/cl (lau) (Entered: 08/04/1997)
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Aug. 4, 1997
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Aug. 4, 1997
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53
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Pretrial memorandum by Kelly J. Swain, Edward Hayes, North Reading, Laura Spinney , filed. (lau) (Entered: 08/27/1997)
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Aug. 27, 1997
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Aug. 27, 1997
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Pre-trial conference held . (lau) (Entered: 09/05/1997)
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Sept. 4, 1997
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Sept. 4, 1997
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54
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Judge George A. O'Toole Jr. . Clerk's Notes: re: pretrial conference; Defendant's file motions in limine; motion in limine re; financial losses-there are none; motion exclude criminal complaint-parties will resolve possibly via stipulation, the court would also give an instruction. Motion exclude evidence of 1985 rape, the court will allow the earlier records relating to the rape. Motion exclude expert testimony-plaintiff agrees not to ask opinion type questions. Oral motion of defendant to limit the scope of disciplinary issues to the Chief of Police-plaintiff will not raise it. (lau) (Entered: 09/05/1997)
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Sept. 4, 1997
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Sept. 4, 1997
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55
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Motion by Edward Hayes, North Reading, Laura Spinney in limine to exclude expert testimony , filed. (lau) (Entered: 09/05/1997)
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Sept. 4, 1997
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Sept. 4, 1997
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56
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Motion by Edward Hayes, North Reading, Laura Spinney in limine to exclude evidence of criminal disposition of plaintiff , filed. (lau) (Entered: 09/05/1997)
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Sept. 4, 1997
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Sept. 4, 1997
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57
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Motion by Edward Hayes, North Reading, Laura Spinney in limine to exclude evidence of all financial losses suffered by the plaintiff , filed. (lau) (Entered: 09/05/1997)
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Sept. 4, 1997
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Sept. 4, 1997
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59
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Defendant's Request for Jury instructions filed. (lau) (Entered: 09/05/1997)
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Sept. 4, 1997
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Sept. 4, 1997
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60
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Motion by Edward Hayes, North Reading, Laura Spinney to sequester witnesses , filed. (lau) (Entered: 09/05/1997)
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Sept. 4, 1997
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Sept. 4, 1997
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61
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Proposed voir dire questions by Edward Hayes, North Reading, Laura Spinney , filed. (lau) (Entered: 09/05/1997)
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Sept. 4, 1997
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Sept. 4, 1997
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62
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Judge George A. O'Toole Jr. . Order entered re; defendants' motion for an Order granting access to the plaintiff's psychiatric records from 1985 to the present is hereby allowed. Entered cc/cl (lau) (Entered: 09/05/1997)
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Sept. 5, 1997
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Sept. 5, 1997
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63
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Judge George A. O'Toole Jr.. Order of Dismissal entered...it is ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cuase shown within 30 days, to reopen the action if settlement is not consummated; issued cc/cl. (sat) (Entered: 09/08/1997)
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Sept. 8, 1997
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Sept. 8, 1997
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Case closed. (sat) (Entered: 09/08/1997)
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Sept. 8, 1997
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Sept. 8, 1997
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Terminated document: terminating [60-1] motion to sequester witnesses, terminating [58-1] motion in limine to exclude evidence of plaintiff's prior rape, terminating [57-1] motion in limine to exclude evidence of all financial losses suffered by the plaintiff, terminating [56-1] motion in limine to exclude evidence of criminal disposition of plaintiff, terminating [55-1] motion in limine to exclude expert testimony Requested by lau. (lau) (Entered: 09/11/1997)
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Sept. 11, 1997
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Sept. 11, 1997
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64
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Stipulation of dismissal by Kelly J. Swain, Edward Hayes, Laura Spinney with prejudice, filed. (lau) (Entered: 09/19/1997)
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Sept. 19, 1997
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Sept. 19, 1997
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