Silva v. Town of Uxbridge et al
| Massachusetts District Court | |
| Judge: | Margaret R Guzman |
| Case #: | 4:22-cv-40141 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Dec 05, 2022 |
| Last checked: Saturday Jun 03, 2023 4:57 AM EDT |
|
Defendant
John Doe 1 through 20
|
|
|
Defendant
Bob Martellio
|
Represented By
|
|
Defendant
Michael Rubin
|
Represented By
|
|
Defendant
Frank Tiano
|
Represented By
|
|
Defendant
Town of Uxbridge
21 S. Main Street
Uxbridge, MA 01569 |
Represented By
|
|
Defendant
Uxbridge Public School District
9 N. Main Street
Uxbridge, MA 02569 |
Represented By
|
|
Defendant
Michael Dimeglio
|
Represented By
|
|
Plaintiff
Darius Silva
336 Crownshield Avenue
Uxbridge, MA 01569 |
Represented By
|
GPO
Mar 24 2025
District Judge Margaret R. Guzman: ORDER entered. MEMORANDUM AND ORDER. For the foregoing reasons, Defendant's Motion to Strike [ECF 24] is DENIED and Defendant's Motion for Summary Judgment [ECF 19] is GRANTED in part and DENIED in part. Summary judgment is GRANTED in full as to Counts I, II and IV. Summary judgment is also GRANTED as to Count III as it relates to Tiano, Rubin, DiMeglio and Martellio, and Count V as it relates to Tiano, Rubin and DiMeglio. Summary judgment is DENIED as to Count III as it relates to the Town and the School District and Count V as it relates to Martellio. SO ORDERED. (SF) |
| Docket last updated: 05/26/2025 11:59 PM EDT |
| Tuesday, April 22, 2025 | ||
| 30 | 30
minutes
Status Conference ~Util - Set Hearings
Tue 04/22 11:08 AM
Electronic Clerk's Notes for proceedings held before District Judge Margaret R. Guzman: Status Conference held on 4/22/2025. Case called. Counsel appear by video for status conference to set trial date. Court and counsel discuss available dates. Court sets Pretrial Conference for 11/17/2025 at 10:00 AM in Courtroom 2 - Worcester and sets Jury Trial for 12/8/2025 at 9:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Margaret R. Guzman. Procedural Order re pretrial filing dates to issue. (Court Reporter: Marianne Kusa Ryll at justicehill@aol.com.)(Attorneys present: Deaton, Karoly, Mayo) (SF) |
|
| Friday, April 11, 2025 | ||
| 29 | 29
notice
Notice of Hearing
Fri 04/11 4:56 PM
ELECTRONIC NOTICE of Hearing. Status Conference set for 4/22/2025 at 10:15 AM in Courtroom 2 - Worcester before District Judge Margaret R. Guzman. 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 courtroom deputy of the session as soon as possible. Audio access to the hearing may be available to the media and public. Please check the [LINK:Court schedule] . 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 general orders and public notices of the Court available on [LINK:www.mad.uscourts.gov] or contact the session [LINK:here] . (SF) |
|
| Monday, March 24, 2025 | ||
| 28 | 28
24
pgs
order
Order on Motion for Summary Judgment Order on Motion to Strike
Mon 03/24 4:18 PM
District Judge Margaret R. Guzman: ORDER entered. MEMORANDUM AND ORDER. For the foregoing reasons, Defendant's Motion to Strike [ECF 24] is DENIED and Defendant's Motion for Summary Judgment [ECF 19] is GRANTED in part and DENIED in part. Summary judgment is GRANTED in full as to Counts I, II and IV. Summary judgment is also GRANTED as to Count III as it relates to Tiano, Rubin, DiMeglio and Martellio, and Count V as it relates to Tiano, Rubin and DiMeglio. Summary judgment is DENIED as to Count III as it relates to the Town and the School District and Count V as it relates to Martellio. SO ORDERED. (SF) |
|
| Friday, January 24, 2025 | ||
| 27 | 27
notice
Notice Cancelling Hearing
Fri 01/24 2:58 PM
ELECTRONIC NOTICE Canceling January 31, 2025 Motion Hearing. The Court will decide the motion on the papers. (SF) |
|
| Wednesday, December 11, 2024 | ||
| 26 | 26
notice
Notice Setting or Resetting Hearing on Motion
Wed 12/11 1:02 PM
ELECTRONIC NOTICE Setting Hearing on Motion19 MOTION for Summary Judgment: Motion Hearing set for 1/31/2025 at 11:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Margaret R. Guzman. (Frisch, Suzanne) |
|
| Monday, July 22, 2024 | ||
| 25 | 25
respm
Response to Motion
Mon 07/22 1:09 PM
RESPONSE to Motion re24 MOTION to Strike23 Opposition to Motion,22 Memorandum in Opposition to Motion, filed by Darius Silva. (Deaton, Maria) |
|
| Wednesday, July 17, 2024 | ||
| 24 | 24
motion
Strike
Wed 07/17 2:56 PM
MOTION to Strike23 Opposition to Motion,22 Memorandum in Opposition to Motion, by Michael Dimeglio, Bob Martellio, Michael Rubin, Frank Tiano, Town of Uxbridge, Uxbridge Public School District.(Mayo, Courtney) |
|
| Tuesday, July 16, 2024 | ||
| 23 | 23
respm
Opposition to Motion
Tue 07/16 4:38 PM
Opposition re19 MOTION for Summary Judgment filed by Darius Silva. (Deaton, Maria) |
|
| 22 | 22
23
pgs
respm
Memorandum in Opposition to Motion
Tue 07/16 10:39 AM
MEMORANDUM in Opposition re19 MOTION for Summary Judgment filed by Darius Silva.(Deaton, Maria) |
|
|
Att: 1
Exhibit Exhibits 1-6 to Support PLNTF's Memorandum in Opposition to DEF's Motion for Summary Judgment
|
||
| Monday, June 17, 2024 | ||
| 21 | 21
respm
Statement of Material Facts L.R. 56.1
Mon 06/17 4:34 PM
Statement of Material Facts L.R. 56.1 re19 MOTION for Summary Judgment filed by Michael Dimeglio, Bob Martellio, Michael Rubin, Frank Tiano, Town of Uxbridge, Uxbridge Public School District.(Mayo, Courtney) |
|
|
Att: 1
Exhibit Deposition of Darius Silva,
|
||
|
Att: 2
Exhibit Affidavit of Dr. Rubin
|
||
| 20 | 20
19
pgs
respm
Memorandum in Support of Motion
Mon 06/17 4:31 PM
MEMORANDUM in Support re19 MOTION for Summary Judgment filed by Michael Dimeglio, John Doe 1 through 20, Bob Martellio, Michael Rubin, Frank Tiano, Town of Uxbridge, Uxbridge Public School District. (Mayo, Courtney) |
|
| 19 | 19
motion
Summary Judgment
Mon 06/17 4:30 PM
MOTION for Summary Judgment by Michael Dimeglio, Bob Martellio, Michael Rubin, Frank Tiano, Town of Uxbridge, Uxbridge Public School District.(Mayo, Courtney) |
|
| Thursday, June 13, 2024 | ||
| 18 | 18
order
Order Canceling Deadline
Thu 06/13 8:28 AM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. ORDER Canceling Deadline. The Status Conference set for 6/17/2024 is hereby canceled. (Castles, Martin) |
|
| Monday, February 12, 2024 | ||
| 17 | 17
notice
Notice of Hearing
Mon 02/12 12:13 PM
ELECTRONIC NOTICE of Hearing. Status Conference set for 6/17/2024 at 2:15 PM in Courtroom 2 - Worcester before District Judge Margaret R. Guzman. 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 courtroom deputy of the session as soon as possible. Audio access to the hearing may be available to the media and public. Please check the [LINK:Court schedule] . 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 general orders and public notices of the Court available on [LINK:www.mad.uscourts.gov] or contact media@mad.uscourts.gov . (Castles, Martin) |
|
| 16 | 16
order
Order on Motion for Extension of Time to Complete Discovery
Mon 02/12 12:07 PM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting15 Motion for Extension of Time to Complete Discovery. AMENDED SCHEDULING ORDER: Fact Discovery/Depositions to be completed by 3/22/2024, Plaintiff's trial experts designated by April 19, 2024, Plaintiff's trial experts deposed by May 17, 2024, Defendant's trial experts designated by May 17, 2024, Defendant's trial experts deposed by June 17, 2024, Dispositive Motions due by 6/17/2024, (Castles, Martin) |
|
| Friday, February 09, 2024 | ||
| 15 | 15
motion
Amend
Fri 02/09 4:15 PM
Joint MOTION to Amend Scheduling Order by Michael Dimeglio, Bob Martellio, Michael Rubin, Frank Tiano, Town of Uxbridge, Uxbridge Public School District.(Mayo, Courtney) |
|
| Thursday, March 16, 2023 | ||
| 14 | 14
notice
Notice of Reassignment
Thu 03/16 4:13 PM
ELECTRONIC NOTICE of Reassignment. Judge Margaret R. Guzman added. Judge Richard G. Stearns no longer assigned to case. (Danieli, Chris) |
|
| Monday, March 13, 2023 | ||
| 13 | 13
order
Order on Motion for Extension of Time
Mon 03/13 1:27 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting10 Assented to MOTION for Extension of Time to March 27, 2023 to Serve Discovery Upon the Defendants. (Pacho, Arnold) |
|
| 12 | 12
notice
Notice of Appearance
Mon 03/13 9:44 AM
NOTICE of Appearance by Ferenc Karoly, Jr on behalf of Darius Silva (Karoly, Ferenc) |
|
| Friday, March 10, 2023 | ||
| 11 | 11
misc
Stipulation
Fri 03/10 3:52 PM
STIPULATION re 8 Order,,,,, Extending Time for the Plaintiff to Respond to Interrogatories and Requests for Production of Documents by Darius Silva. (Deaton, Maria) |
|
| 10 | 10
motion
Extension of Time
Fri 03/10 3:46 PM
Assented to MOTION for Extension of Time to March 27, 2023 to Serve Discovery Upon the Defendants by Darius Silva.(Deaton, Maria) |
|
| Monday, February 13, 2023 | ||
| 9 | 9
discov
Disclosure pursuant to Rule 26
Mon 02/13 1:19 PM
Disclosure pursuant to Rule 26 by Darius Silva.(Deaton, Maria) |
|
| Friday, January 06, 2023 | ||
| 8 | 8
order
Order
Fri 01/06 9:35 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered. Defendants having filed their Answer, the court enters the following pretrial schedule. Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 2/13/23. All amendments to the pleadings and/or joinder of additional parties shall be completed by 5/5/23. 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 opposing counsel within 30 days of the initial disclosures (no later than 3/13/23). 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 7/2/23 (it may take several weeks to get a mediation date). All fact discovery must be completed no later than 8/25/23. If dispositive motions are appropriate, they are due by 9/22/23, with Oppositions to dispositive motions due 10/13/23; 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 7/21/23, in order for the court to consider whether an expert is appropriate and, if so, to alter the existing schedule. (Zierk, Marsha) |
|
| Thursday, January 05, 2023 | ||
| 7 | 7
answer
Answer to Complaint
Thu 01/05 2:42 PM
ANSWER to1 Complaint, with Jury Demand by Michael Dimeglio, Bob Martellio, Michael Rubin, Frank Tiano, Town of Uxbridge, Uxbridge Public School District.(Mayo, Courtney) |
|
| 6 | 6
notice
Notice of Appearance
Thu 01/05 2:41 PM
NOTICE of Appearance by Courtney E. Mayo on behalf of Michael Dimeglio, Bob Martellio, Michael Rubin, Frank Tiano, Town of Uxbridge, Uxbridge Public School District (Mayo, Courtney) |
|
| Monday, December 19, 2022 | ||
| 5 | 5
service
Summons Returned Executed
Mon 12/19 4:59 PM
SUMMONS Returned Executed Town of Uxbridge served on 12/19/2022, answer due 1/9/2023. (Deaton, Maria) |
|
| 4 | 4
service
Summons Returned Executed
Mon 12/19 10:24 AM
SUMMONS Returned Executed Uxbridge Public School District served on 12/16/2022, answer due 1/6/2023. (Deaton, Maria) |
|
| Tuesday, December 06, 2022 | ||
| 3 | 3
service
Summons Issued
Tue 12/06 2:00 PM
Summons Issued as to All Defendants. 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. (Barrows, Jennifer) |
|
| 2 | 2
notice
Notice of Case Assignment
Tue 12/06 1:30 PM
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 David H. Hennessy. (Finn, Mary) |
|
| Monday, December 05, 2022 | ||
| 1 | 1
cmp
Complaint
Mon 12/05 11:54 AM
COMPLAINT against All Defendants Filing fee: $ 402, receipt number BMADC-9613055 (Fee Status: Filing Fee paid), filed by Darius Silva.(Deaton, Maria) |
|
|
Att: 1
Civil Cover Sheet Civil Action Cover Sheet,
|
||
|
Att: 2
Category Form Category Form
|
||