12/22/2023 | Endorsement on Motion to dismiss all counts After a hearing, this motion to dismiss is (#35.0): ALLOWEDin Part. Count XI of defendant Joshua Heal's ("Mr Heal") cross-claims against Town of Stoughton (the "Town") is dismissed because Mr. Heal no longer can be found "jointly liable in tort" with the Town for purposes of G.L.c 231B, §1(a). Counts I, II, III, IV, V, VI, and X of Mr. Heal's cross-claims are dismissed because they are barred under the "discretionary function" exception to the Massachusetts Tort Claims Act, G.L.c258, §10(b). Counts VII,VIII, and IX of Mr. Heal's cross-claims are dismissed because they are barred under the "Intentional tort" exception to the Massachusetts Tort Claims Act, G.L. c 258, §10(c). Count XII of Mr. Heal's cross-claims for common-law indemnification survives (Davis, J)(dated; 12/20/23) ns plJudge: Davis, Hon. Brian A | | Image |
01/23/2024 | Endorsement on Motion to dismiss After hearing; Motion is (#25.0): ALLOWEDas to Count IV and VII of Plaintiff's Amended Complaint. The Town's Motion to dismiss is DENIED as to all remaining Counts of the Amended Complaint. See Decision and Order. (dated 1/23/2024) ns ni | | Image |
01/23/2024 | Endorsement on Motion to dismiss After hearing; Motion is (#28.0): ALLOWED(filed by William Farwell) as to Count VII of Plaintiff's Amended Complaint and as to Heal's Cross-Claims for indemnification and contribution. Motion is DENIED as to all remaining Counts of the Amended Complaint. See Decision and Order. (dated 1/23/2024) ns ni | | Image |
01/23/2024 | Endorsement on Motion to dismiss all claims and counts against him. (filed by Robert Devine)---After hearing; Motion is (#18.0): ALLOWEDas to Count VII of the Plaintiff's Amended Complaint. Motion is DENIED as to all remaining Counts of the Amended Complaint. See Decision and Order. (dated 1/23/2024) ns ni | | Image |
01/23/2024 | Endorsement on Motion to dismiss Counts I, II, IV, VII, VIII, IX and X of the Plaintiff's Complaint. (filed by Joshua Heal)---- After hearing; Motion is (#32.0): ALLOWEDas to all Counts of Plaintiff's Amended Complaint. See Decision and Order. (dated 1/23/2024) ns ni | | Image |
01/23/2024 | ORDER: DECISION AND ORDER REGARDING DEFENDANTS' MOTIONS TO DISMISS (Docket Entry Nos. 18.0, 25.0, 28.0, and 32.0)Please not that in page 18 of this Decision the Court ALLOWS sua sponte of Count VII of the Amended Complaint as to defendant, M. Farwell. (dated 1/23/2024) certified copies sent ni | 43 | Image |
01/25/2024 | Attorney notice of appearance of John W. Gillies on behalf of Defendant, William Farwell electronically filed 1/24/24 mc | | Image |
01/25/2024 | Attorney appearanceOn this date John W Gillies, Esq. added as Private Counsel for Defendant William Farwell | | |
02/01/2024 | Answer of Defendant William Farwell to the Plaintiff's Second Amended Complaint. (e-Filed) dg | 44 | Image |
02/15/2024 | ORDER: FINDING AND ORDER IMPOSNG SANCTION.(dated 2/14/2024) certified copies sent ni | 45 | Image |
02/15/2024 | General correspondence regarding ORIGINAL P#45.0FINDING AND ORDER IMPOSING SANCTIONS. (dated 2/14/2024)Judge: Davis, Hon. Brian A | 46 | Image |
02/16/2024 | Defendant Town of Stoughton's Answer and Jury Demand to the Plaintiff's Second Amended Complaint (e-Filed 2/12/2024) dg | 47 | Image |
02/16/2024 | AMENDED ORDER: - Amended Decision and Order Regarding Defendants' Motions to Dismiss (Docket Entry Nos. 18.0, 25.0, 28.0 and 32.0)(cs) | 48 | Image |
02/21/2024 | Plaintiff Darlene Smith as the Personal Representative of the Estate of Sandra Birchmore's Joint Motion for court order to inspect and copy the records of the Office f the Chief Medical examiner (Rec'd 2/14/24) | 49 | Image |
02/21/2024 | Docket Note: Received check for Steven J Marullo, Esq in the amount of $2000 RE: Sanctions | | |
03/26/2024 | Event Result:: Motion Hearing scheduled on: 03/26/2024 02:00 PMHas been: Held via Video/PhoneComments: Hybrid FTR room 10 - start time of 2;10:45Hon. Joseph Leighton, Presiding | | |
03/29/2024 | Endorsement on motion for (#49.0): Order to inspect and copy the records of the Office of the Chief Medical Examiner. ALLOWEDAfter hearing. (dated 3/26/2024) ns ni | | Image |
03/29/2024 | Defendant William Farwell's Motion to Join defendant Robert Devine's motion to release unredacted internal affairsefiled 03/26/2024 | 52 | Image |
03/29/2024 | ORDER: ORDR FOR INSPECTION AND COPIES OF RECORDS.(dated 3/26/2024) certified copies sent niJudge: Leighton, Hon. Joseph | 51 | |
03/29/2024 | Affidavit of Compliance with Rule 9A with no Opposition Rec'd 3/29/24Applies To: Farwell, William (Defendant) | 52.1 | Image |
03/29/2024 | Certificate of Compliance Superior Court Rule 9Aefiled 3/26/24Applies To: Farwell, William (Defendant) | 52.2 | Image |
03/29/2024 | Certificate of Compliance Superior Court Rule 9Cefiled 3/26/24 | 52.3 | Image |
03/29/2024 | Rule 9A list of documents filed.efiled 3/26/24 | 52.4 | Image |
04/02/2024 | Defendant Robert Devine's Motion to Release unredacted internal affairs report (rec'd 4/1/24) | 53 | Image |
04/02/2024 | Robert Devine's Memorandum in support ofof his motion to release unredacted internal affairs report (Rec'd4/1/24) | 53.1 | Image |
04/02/2024 | Affidavit of compliance with Superior Court Rule 9C(rec'd 4/1/24)Applies To: Stowe, Esq., Robert W (Attorney) on behalf of Devine, Robert (Defendant) | 53.2 | Image |
04/02/2024 | Affidavit of compliance with Superior Court Rule 9A(rec'd 4/1/24)Applies To: Stowe, Esq., Robert W (Attorney) on behalf of Devine, Robert (Defendant) | 53.3 | Image |
04/02/2024 | Rule 9A list of documents filed.(rec'd 4/1/24) | 53.4 | Image |
04/02/2024 | Certificate of service of attorney or Pro Se:Robert W Stowe, Esq.(rec'd 4/1/24) | 53.5 | Image |
04/29/2024 | Plaintiff, Defendant Darlene Smith as the Personal Representative of the Estate of Sandra Birchmore, The Town of Stoughton, Matthew Farwell, William Farwell's Joint Motion for Protective Order (e-Filed 4/23/2024) dg | 55 | Image |
04/30/2024 | Endorsement on motion for protective order (#55.0): Other action takenAfter review, hearing on this Motion shall be held on 5/7/2024 at 3:00pm in person. (dated 4/30/2024) ns niJudge: Leighton, Hon. Joseph | | |
05/07/2024 | Event Result:: Motion Hearing scheduled on: 05/07/2024 03:00 PMHas been: Canceled For the following reason: By Court prior to dateComments: P 52 & 53 Withdrawn and 55 is allowedHon. Joseph Leighton, Presiding | | |
05/07/2024 | Endorsement on motion for protective order (#55.0): ALLOWED(dated 5/7/2024) ns ni | | Image |
05/07/2024 | ORDER: PROTECTIVE ORDER AND CLAW BACK PROVISION REGARDING EXHIBITS 1 TO 34 FROM STOUGHTON'S INTERNAL AFFAIRS INVESTIGATION 21-1-IA.(dated 5/7/2024) ns niJudge: Leighton, Hon. Joseph | 56 | Image |
06/03/2024 | Defendant William Farwell's Assented to Motion to (Partially) compel the production of document from Attorney Generals Office ( Partially Assented Motion)efiled 05/22/2024 | 57 | Image |
06/03/2024 | William Farwell's Memorandum in support ofpartially assented to motion to compel the attorney generals produce to produce documentsefiled 5/22/24 | 57.1 | Image |
06/03/2024 | Affidavit of compliance with Superior Court Rule 9Aefiled 5/22/24Applies To: Raven, Esq., William A (Attorney) on behalf of Farwell, William (Defendant); Gillies, Esq., John W (Attorney) on behalf of Farwell, William (Defendant) | 57.2 | Image |
06/03/2024 | Certificate of Compliance Superior Court Rule 9Cefiled 5/22/24 | 57.3 | Image |
06/03/2024 | Rule 9A notice of filingefiled 5/22/24Applies To: Farwell, William (Defendant) | 57.4 | Image |
06/03/2024 | Rule 9A list of documents filed.Efiled 5/22/24Applies To: Farwell, Matthew (Defendant) | 57.5 | Image |
06/05/2024 | Attorney appearanceOn this date Lisa Skehill Maki, Esq. added as Attorney for the Commonwealth for Other interested party Office of the Attoreny General | | Image |
06/05/2024 | Non-Party / Case Participant Office of the Attoreny General's Assented to Motion for an enlargement of time to respond to defendant William Farwell's partially assented to motion to compel the Attorney Generals office to produce documents | 58 | Image |
06/05/2024 | Affidavit of compliance with Superior Court Rule 9AApplies To: Maki, Esq., Lisa Skehill (Attorney) on behalf of Office of the Attoreny General (Other interested party) | 58.1 | Image |
06/05/2024 | Rule 9A notice of filingApplies To: Maki, Esq., Lisa Skehill (Attorney) on behalf of Office of the Attoreny General (Other interested party) | 58.2 | Image |
06/05/2024 | Rule 9A list of documents filed.Applies To: Maki, Esq., Lisa Skehill (Attorney) on behalf of Office of the Attoreny General (Other interested party) | 58.3 | Image |
06/24/2024 | Endorsement on Motion for an enlargement of time to respond to defendant William Farwull's partially assented to Motion to compel the Attorney General's Office to produce documents. (#58.0): ALLOWED(dated 6/21/2024) ns ni | | Image |
06/24/2024 | Opposition to defendant's Motion to compel---OPPOSITION filed by Office of the Attoreny General | 60 | Image |
06/24/2024 | Affidavit of Michele Granda | 61 | Image |
06/26/2024 | Attorney appearance electronically filed. | | Image |
07/02/2024 | Attorney appearanceOn this date William A Raven, Esq. dismissed/withdrawn as Private Counsel for Defendant William Farwell | | |
07/11/2024 | Event Result:: Motion Hearing to Compel scheduled on: 07/11/2024 02:30 PMHas been: Held via Video/PhoneComments: Zoom; FTR Room 10 - 1st call at 2:45:43 and second call at 3:12:07Atty General did not appear - -continued to FridayHon. Claudine Cloutier, Presiding | | |
07/12/2024 | Event Result:: Motion Hearing to Compel scheduled on: 07/12/2024 11:30 AMHas been: Held as ScheduledComments: Zoom; FTR Room 10 -start time of 11:32:01 30 days for the AG to produce the documents for in camera reviewHon. Claudine Cloutier, Presiding | | |
07/31/2024 | Defendant Robert Devine's Motion for trial court Rule IX order rec'd 7/30/24 | 62 | Image |
07/31/2024 | Opposition to defendants Robert Devine's motion for a Trial Court Rule Order filed by Darlene Smith as the Personal Representative of the Estate of Sandra Birchmorerec'd 7/30/24 | 62.1 | Image |
07/31/2024 | Affidavit of compliance with Superior Court Rule 9Arec'd 7/31/24Applies To: Devine, Robert (Defendant) | 62.2 | Image |
07/31/2024 | Affidavit of compliance with Superior Court Rule 9Crec'd 7/30/24Applies To: Devine, Robert (Defendant) | 62.3 | Image |
07/31/2024 | Rule 9A list of documents filed.rec'd 7/30/24 | 62.4 | Image |
08/05/2024 | Endorsement on Motion for a Trial Court Rule IX Order. (#62.0): ALLOWEDwithout substantive opposition. The Office of the Commission of Probation shall not, however, disclose information deemed to be confidential pursuant to G.L. c. 209A §8 or G.L. c. 258E §10, except for information pertaining only to Birchmore, without further order of the Court. Further, should the parties receive any information that was subject to an order of impoundment, they may not disclose such information to any persons or entities without further order of the Court. (dated 8/1/2024) ns niJudge: Cloutier, Hon. Claudine | | Image |
08/15/2024 | General correspondence regarding CONFIDENTIAL DOCUMENT RECEIVED from Commissioner of Probation (filed in the IMPOUNDED ROOM) | 63 | |
08/22/2024 | Non-Party / Case Participant Office of the Attoreny General's Submission of Submission statement (E-filed 8/22/2024) | 64 | Image |
08/26/2024 | Defendant William Farwell's Notice of Appearance of Robert William Connelly, Esq. on his behalf (e-Filed 8/23/2024) dg | | Image |
08/27/2024 | Endorsement on motion to compel Production of Documents (#57.0): After hearing, Motion is ALLOWEDin part. The Office of the Attorney General is ORDERED to respond to the subpoena at issue by producing the digital forensic evidence obtained from the MSP, including but not limited to extraction reports; records obtained by the MSP through search warrants; and records saved as AGO Shared Stoughton PD File/Birchmore reports 1, 6, 8, 17, 18, 22, 23, 24, 25, 27, and "Canton PD Reports." The Motion is otherwise DENIED. The Protective Order (Paper #56) shall apply to such materials until further order of the court. See Memorandum of Decision and Order. (Cloutier, J)(dated 8/26/2024) ns vs | | Image |
08/27/2024 | ORDER: MEMORANDUM OF DECISION AND ORDER ON MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS FROM ATTORNEY GENERAL'S OFFICE (Paper 57): See Order. (Cloutier, J)(dated 8/26/2024) ccs vs | 65 | Image |
08/28/2024 | Attorney appearanceOn this date David Bae, Esq. dismissed/withdrawn as Private Counsel for Defendant William Farwell | | |
08/28/2024 | Attorney appearanceOn this date John W Gillies, Esq. dismissed/withdrawn as Private Counsel for Defendant William Farwell | | |
08/28/2024 | Attorney withdrawal electronically filed of Bae, Esq., David (Attorney) on behalf of Farwell, William (Defendant);(E-Filed 08/27/2024)mk | | Image |
08/28/2024 | Attorney withdrawal electronically filed of Gillies, Esq., John W (Attorney) on behalf of Farwell, William (Defendant)(E-Filed 08/27/2024)mk | | Image |