Foss v. City of New Bedford et al
| Massachusetts District Court | |
| Judge: | Judith G Dein |
| Case #: | 1:22-cv-10761 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:1441 Petition for Removal- Civil Rights Act |
| Case Filed: | May 17, 2022 |
| Terminated: | Aug 19, 2022 |
| Case in other court: | Bristol County Superior Court, 2273-cv-00243B |
| Last checked: Sunday Nov 13, 2022 4:45 AM EST |
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Defendant
City of New Bedford
133 William Street
New Bedford, MA 02740 |
Represented By
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Defendant
Tallage Davis, LLC
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Represented By
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Plaintiff
Deborah D. Foss
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Represented By
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GPO
Aug 10 2022
Magistrate Judge Judith G. Dein: ORDER entered re 23 MOTION to Enforce Settlement Agreement by Tallage Davis, LLC. For all the reasons detailed herein, the defendant's motion to enforce a settlement agreement is DENIED. Consequently, as stated in the parties proposal and adopted in open court, the defendants' Motions to Dismiss are due thirty (30) days hereafter. Motion to Dismiss due by 9/9/2022. (Thomson, Katherine) |
| Docket last updated: 45 minutes ago |
| Friday, August 12, 2022 | ||
| 39 | 39
misc
Stipulation of Dismissal
Fri 08/12 1:49 PM
STIPULATION of Dismissal by Deborah D. Foss. (Polk, Joshua) |
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| Wednesday, August 10, 2022 | ||
| 38 | 38
15
pgs
order
Order on Motion for Miscellaneous Relief
Wed 08/10 12:52 PM
Magistrate Judge Judith G. Dein: ORDER entered re23 MOTION to Enforce Settlement Agreement by Tallage Davis, LLC. For all the reasons detailed herein, the defendant's motion to enforce a settlement agreement is DENIED. Consequently, as stated in the parties proposal and adopted in open court, the defendants' Motions to Dismiss are due thirty (30) days hereafter. Motion to Dismiss due by 9/9/2022. (Thomson, Katherine) |
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| Friday, August 05, 2022 | ||
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minutes
Motion Hearing
Fri 08/05 6:43 PM
Electronic Clerk's Notes for proceedings held before Magistrate Judge Judith G. Dein: Motion Hearing held on 8/5/2022 re23 First MOTION Enforce Settlement Agreement filed by Tallage Davis, LLC ; case called; USMJ Dein hears arguments from counsel and takes the motion under advisement. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to[LINK:https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings] . For a transcript of this proceeding, contact Katelyn Coppola by email at mad_transcripts@mad.uscourts.gov.(Attorneys present: Polk, Martin, Silverstein, Hill, Ponsetto, Netski and Colangelo) (Quinn, Thomas) |
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| Tuesday, July 26, 2022 | ||
| 36 | 36
discov
Joint submission pursuant to Local Rule 16.1
Tue 07/26 3:07 PM
JOINT SUBMISSION pursuant to Local Rule 16.1 by Deborah D. Foss.(Polk, Joshua) |
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| Wednesday, July 20, 2022 | ||
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order
Order on Motion for Extension of Time to Answer
Wed 07/20 3:33 PM
Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting34 MOTION for Extension of Time to File Answer to Complaint All Defendants. The deadline to respond to the Complaint is hereby STAYED and scheduling will be addressed at the hearing on August 2, 2022. (Thomson, Katherine) |
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| Tuesday, July 19, 2022 | ||
| 34 | 34
motion
Extension of Time to File Answer
Tue 07/19 3:19 PM
Joint MOTION for Extension of Time to 8/2/2022 to File Answer to Complaint by Tallage Davis, LLC.(Silverstein, Jonathan) |
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| Friday, July 15, 2022 | ||
| 33 | 33
notice
Notice of Appearance
Fri 07/15 12:18 PM
NOTICE of Appearance by Christina Marie Martin on behalf of Deborah D. Foss (Martin, Christina) |
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| Thursday, July 14, 2022 | ||
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order
Order Setting Hearing on Motion
Thu 07/14 10:19 AM
Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered. ORDER Setting Hearing on Motion23 First MOTION Enforce Settlement Agreement : Motion Hearing set for 8/2/2022 at 02:30 PM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Thomson, Katherine) |
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order
Order on Motion for Leave to Appear
Thu 07/14 11:00 AM
Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting27 MOTION for Leave to Appear Pro Hac Vice Added Christina Martin. 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. To register for a PACER account, go to Pacer website at [LINK:https://pacer.uscourts.gov/register-account] Pro Hac Vice Admission Request Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm] A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Thomson, Katherine) |
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| Wednesday, July 13, 2022 | ||
| 30 | 30
respm
Affidavit in Opposition to Motion
Wed 07/13 6:55 PM
AFFIDAVIT of Joshua Polk in Opposition re23 First MOTION Enforce Settlement Agreement filed by Deborah D. Foss.(Polk, Joshua) |
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Att: 1
Exhibit Exhibit A - Email Communications,
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Att: 2
Exhibit Exhibit B - Proposed Agreement,
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Att: 3
Exhibit Exhibit C - Email Communications
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| 29 | 29
respm
Affidavit in Opposition to Motion
Wed 07/13 6:49 PM
AFFIDAVIT of Deborah D. Foss in Opposition re23 First MOTION Enforce Settlement Agreement filed by Deborah D. Foss. (Polk, Joshua) |
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| 28 | 28
respm
Opposition to Motion
Wed 07/13 6:46 PM
Opposition re23 First MOTION Enforce Settlement Agreement filed by Deborah D. Foss. (Polk, Joshua) |
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| 27 | 27
motion
Appear Pro Hac Vice
Wed 07/13 3:21 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Christina M. Martin Filing fee: $ 100, receipt number AMADC-9409402 by Deborah D. Foss.(Masterman, James) |
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Att: 1
Affidavit Rule 83.5.3 Certification of Attorney Christina M. Martin
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| Thursday, July 07, 2022 | ||
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notice
Notice of Rescheduling
Thu 07/07 1:58 PM
ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference: The Scheduling Conference currently set for 7/18/2022 is RESET for 8/2/2022 at 02:30 PM in Courtroom 15 before Magistrate Judge Judith G. Dein. The requirements of the Notice of 06/29/2022 (Docket No.21 ) remain in place. (Thomson, Katherine) |
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| Friday, July 01, 2022 | ||
| 24 | 24
motion
Extension of Time to File Answer
Fri 07/01 2:52 PM
MOTION for Extension of Time to File Answer by City of New Bedford.(Colangelo, Tristan) |
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order
Order on Motion for Extension of Time to File Response/Reply Order on Motion for Extension of Time to Answer
Fri 07/01 3:57 PM
Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting22 MOTION for Extension of Time to File Response/Reply,24 MOTION for Extension of Time to File Answer . The deadline for all Defendants to respond to the Complaint shall be extended to August 1, 2022. (Thomson, Katherine) |
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| Thursday, June 30, 2022 | ||
| 23 | 23
motion
Miscellaneous Relief
Thu 06/30 1:56 PM
First MOTION Enforce Settlement Agreement by Tallage Davis, LLC.(Silverstein, Jonathan) |
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Att: 1
Affidavit Affidavit of Dan C. Hill
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| 22 | 22
motion
Extension of Time to File Response/Reply
Thu 06/30 1:51 PM
First MOTION for Extension of Time to August 1, 2022 to File Response/Reply by Tallage Davis, LLC.(Silverstein, Jonathan) |
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| Wednesday, June 29, 2022 | ||
| 21 | 21
notice
Notice of Scheduling Conference
Wed 06/29 12:08 PM
NOTICE of Scheduling Conference: Scheduling Conference set for 7/18/2022 at 10:00 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: [LINK:https://forms.mad.uscourts.gov/courtlist.html] . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on [LINK:www.mad.uscourts.gov] or contact media@mad.uscourts.gov . (Thomson, Katherine) |
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| Friday, June 24, 2022 | ||
| 20 | 20
notice
Notice of Appearance
Fri 06/24 3:57 PM
NOTICE of Appearance by Joshua Polk on behalf of Deborah D. Foss (Polk, Joshua) |
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| Thursday, June 23, 2022 | ||
| 19 | 19
misc
Consent to Jurisdiction by US Magistrate Judge
Thu 06/23 11:40 AM
CONSENT by all parties to Jurisdiction by US Magistrate Judge by City of New Bedford.. (Colangelo, Tristan) |
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| Tuesday, June 21, 2022 | ||
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order
Order on Motion for Leave to Appear
Tue 06/21 1:56 PM
Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting15 MOTION for Leave to Appear Pro Hac Vice Added Joshua Polk. 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. To register for a PACER account, go to Pacer website at [LINK:https://pacer.uscourts.gov/register-account] Pro Hac Vice Admission Request Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm] A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Thomson, Katherine) |
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order
Order on Motion for Extension of Time to Answer
Tue 06/21 2:01 PM
Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting16 MOTION for Extension of Time to July 5, 2022 to File Answer . The deadline for all Defendants to respond to the Complaint shall be extended to July 5, 2022. (Thomson, Katherine) |
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| Monday, June 20, 2022 | ||
| 16 | 16
motion
Extension of Time to File Answer
Mon 06/20 8:46 AM
Assented to MOTION for Extension of Time to July 5, 2022 to File Answer by Tallage Davis, LLC.(Hill, Daniel) |
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| Friday, June 17, 2022 | ||
| 15 | 15
motion
Appear Pro Hac Vice
Fri 06/17 3:35 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Joshua Polk Filing fee: $ 100, receipt number AMADC-9375063 by Deborah D. Foss.(Masterman, James) |
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Att: 1
Affidavit Rule 83.5.3 Certification of Attorney Joshua Polk
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| 14 | 14
notice
Notice of Appearance
Fri 06/17 11:26 AM
NOTICE of Appearance by James D. Masterman on behalf of Deborah D. Foss (Masterman, James) |
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| 13 | 13
notice
Notice of Appearance
Fri 06/17 10:21 AM
NOTICE of Appearance by James P. Ponsetto on behalf of Deborah D. Foss (Ponsetto, James) |
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| Thursday, May 26, 2022 | ||
| 12 | 12
misc
State Court Record - no answer filed in state court
Thu 05/26 1:39 PM
STATE COURT Record. (Colangelo, Tristan) |
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order
Order on Motion for Extension of Time to Answer
Thu 05/26 9:33 AM
Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered re8 NOTICE by City of New Bedford re6 Assented to MOTION for Extension of Time to June 21, 2022 to File Answer to Complaint WITHDRAWN. (Thomson, Katherine) |
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order
Order on Motion for Extension of Time to Answer
Thu 05/26 9:36 AM
Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting9 MOTION for Extension of Time to June 21, 2022 to File Answer All Defendants. The deadline for all Defendants to respond to the Complaint shall be extended to June 21, 2022. (Thomson, Katherine) |
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| Monday, May 23, 2022 | ||
| 9 | 9
motion
Extension of Time to File Answer
Mon 05/23 2:48 PM
MOTION for Extension of Time to June 21, 2022 to File Answer by City of New Bedford.(Colangelo, Tristan) |
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| 8 | 8
notice
Notice - Other
Mon 05/23 2:38 PM
NOTICE by City of New Bedford re6 Assented to MOTION for Extension of Time to June 21, 2022 to File Answer to Complaint Notice of Withdrawal (Colangelo, Tristan) |
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| 7 | 7
notice
Notice of Appearance
Mon 05/23 2:10 PM
NOTICE of Appearance by Jonathan M. Silverstein on behalf of Tallage Davis, LLC (Silverstein, Jonathan) |
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| 6 | 6
motion
Extension of Time to File Answer
Mon 05/23 10:57 AM
Assented to MOTION for Extension of Time to June 21, 2022 to File Answer to Complaint by City of New Bedford.(Colangelo, Tristan) |
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| Thursday, May 19, 2022 | ||
| 5 | 5
notice
Notice of Appearance
Thu 05/19 7:03 PM
NOTICE of Appearance by Daniel C. Hill on behalf of Tallage Davis, LLC (Hill, Daniel) |
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| Wednesday, May 18, 2022 | ||
| 4 | 4
notice
Notice of Appearance
Wed 05/18 12:31 PM
NOTICE of Appearance by Christine M. Netski on behalf of City of New Bedford (Netski, Christine) |
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notice
Notice of Case Assignment to a Magistrate Judge
Wed 05/18 7:04 AM
NOTICE of Case Assignment. Magistrate Judge Judith G. Dein assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded [LINK:here] . These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
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notice
Certified Copy of Notice of Removal Provided to Defense Counsel
Wed 05/18 10:30 AM
Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Geraldino-Karasek, Clarilde) |
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| Tuesday, May 17, 2022 | ||
| 1 | 1
notice
Notice of Removal
Tue 05/17 3:57 PM
NOTICE OF REMOVAL by City of New Bedford ( Filing fee: $ 402, receipt number AMADC-9326564 Fee Status: Filing Fee paid)(Colangelo, Tristan) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Civil Cover Sheet,
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Att: 7
Category Sheet
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