Massachusetts District Court
Judge:Indira Talwani
Case #: 1:23-cv-10462
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Feb 27, 2023
Terminated:Feb 13, 2024
Last checked: Saturday Aug 26, 2023 7:44 AM EDT
Defendant
Jane Doe 1
Defendant
Jane Doe 2
Defendant
John Doe 1
Defendant
John Doe 2
Defendant
Cheryl Lussier Poppe
Represented By
Christina S. Marshall
Anderson & Kreiger LLP
contact info
Lon F. Povich
Anderson & Kreiger LLP
contact info
Defendant
Marylou Sudders
Represented By
Christina S. Marshall
Anderson & Kreiger LLP
contact info
Lon F. Povich
Anderson & Kreiger LLP
contact info
Defendant
Francisco Urena
Represented By
Richard Goldstein
Husch Blackwell, LLP
contact info
Robert L. Peabody
Husch Blackwell
contact info
Plaintiff
Edward Poulin
Represented By
Anthony J. Antonellis
Sloane & Walsh LLP
contact info
John A. Donovan, III
Sloane & Walsh LLP
contact info
Christopher M. Reilly
Sloane & Walsh LLP
contact info
Plaintiff
Thomas Sullivan
Represented By
Anthony J. Antonellis
Sloane & Walsh LLP
contact info
John A. Donovan, III
Sloane & Walsh LLP
contact info
Christopher M. Reilly
Sloane & Walsh LLP
contact info
Plaintiff
Delma Terenzio
Represented By
Anthony J. Antonellis
Sloane & Walsh LLP
contact info
John A. Donovan, III
Sloane & Walsh LLP
contact info
Christopher M. Reilly
Sloane & Walsh LLP
contact info

GPO Feb 12 2024
Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. For the foregoing reasons, Defendants' Motion to Dismiss [Doc. No. 20] is GRANTED.IT IS SO ORDERED. Please see attached. (Kelly, Danielle)

Docket last updated: 05/13/2024 11:59 PM EDT
Monday, March 18, 2024
43 43 notice Notice of Filing of Official Transcript Mon 03/18 3:37 PM
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at[LINK:https://www.mad.uscourts.gov/caseinfo/transcripts.htm] (McDonagh, Christina)
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42 42 misc Transcript Mon 03/18 3:36 PM
Transcript of Motion Hearing held on December 20, 2023, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 4/8/2024. Redacted Transcript Deadline set for 4/18/2024. Release of Transcript Restriction set for 6/17/2024. (McDonagh, Christina)
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Monday, March 11, 2024
41 41 appeal USCA Case Number Mon 03/11 11:34 AM
USCA Case Number 24-1244 for39 Notice of Appeal, filed by Thomas Sullivan, Edward Poulin, Delma Terenzio. (Paine, Matthew)
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Friday, March 08, 2024
40 40 appeal Abbreviated Electronic Appeal Record Sent to USCA Fri 03/08 7:32 PM
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re39 Notice of Appeal (Paine, Matthew)
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39 39 appeal Notice of Appeal Fri 03/08 5:18 PM
NOTICE OF APPEAL as to37 Memorandum & ORDER, Set/Clear Flags,38 Order Dismissing Case by Edward Poulin, Thomas Sullivan, Delma Terenzio Filing fee: $ 605, receipt number AMADC-10309741 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at[LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 3/28/2024. Related [+]
Related: [-] illy, Christopher
Tuesday, February 13, 2024
38 38 1 pgs order Order Dismissing Case Tue 02/13 11:36 AM
Judge Indira Talwani: ORDER entered. ORDER OF DISMISSAL. Please see attached. (Kelly, Danielle)
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Monday, February 12, 2024
37 37 13 pgs order Memorandum & Order ~Util - Set/Clear Flags Mon 02/12 1:14 PM
Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. For the foregoing reasons, Defendants' Motion to Dismiss [Doc. No.20 ] is GRANTED. IT IS SO ORDERED. Please see attached. (Kelly, Danielle)
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Wednesday, December 20, 2023
36 36 minutes Motion Hearing ~Util - Set/Clear Flags Fri 12/29 5:08 PM
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 12/20/2023 re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Francisco Urena, Marylou Sudders, Cheryl Lussier Poppe,34 MOTION to Continue 12.12.23 Motion to Dismiss Hearing filed by Francisco Urena. Case called. Court heard argument from counsel. Motions taken under advisement. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: John A. Donovan, III, Christopher M. Reilly, Robert L. Peabody, Lon F. Povich, Kristen Gagalis (must enter an appearance)) (MacDonald, Gail)
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Friday, December 01, 2023
35 35 order Order ~Util - Set Motion and R&R Deadlines/Hearings Fri 12/01 4:29 PM
Judge Indira Talwani: ELECTRONIC ORDER entered granting34 MOTION to Continue 12.12.23 Motion to Dismiss Hearing filed by Francisco Urena, re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Francisco Urena, Marylou Sudders, Cheryl Lussier Poppe. Motion Hearing set for 12/12/2023, RESET for 12/20/2023 11:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail)
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Thursday, November 30, 2023
34 34 motion Continue Thu 11/30 3:37 PM
MOTION to Continue 12.12.23 Motion to Dismiss Hearing by Francisco Urena.(Peabody, Robert)
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Tuesday, November 28, 2023
33 33 notice Notice Setting or Resetting Hearing on Motion Tue 11/28 10:02 AM
ELECTRONIC NOTICE Setting Hearing on Motion20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 12/12/2023 11:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail)
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Monday, November 13, 2023
32 32 9 pgs respm Memorandum in Opposition to Motion Mon 11/13 5:37 PM
Supplemental MEMORANDUM in Opposition re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Edward Poulin, Thomas Sullivan, Delma Terenzio. Related [+]
Related: [-] illy, Christopher
Att: 1 Exhibit 1 - Final judgment and order of final approval in Estate of Sniadach et al. v. Walsh et al.
31 31 misc Response to Court Order Mon 11/13 5:26 PM
RESPONSE TO COURT ORDER by Cheryl Lussier Poppe, Marylou Sudders re 30 Order,, Set Motion and R&R Deadlines/Hearings, . (Marshall, Christina)
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Friday, October 27, 2023
30 30 order Order ~Util - Set Motion and R&R Deadlines/Hearings Fri 10/27 2:31 PM
Judge Indira Talwani: ELECTRONIC ORDER The parties shall submit supplemental briefing in support of or opposition to Defendants' Motion to Dismiss20 addressing the implications of the First Circuit's decision in Ablordeppey v. Walsh, --- F.4th ---, 2023 WL 7013383 (Oct. 26, 2023) on the issue of qualified immunity. Each side's brief shall be limited to no more than five pages and shall be filed no later than November 13, 2023. (Kelly, Danielle)
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Thursday, September 28, 2023
29 29 respm Reply to Response to Motion Thu 09/28 2:59 PM
REPLY to Response to20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cheryl Lussier Poppe, Marylou Sudders. (Povich, Lon)
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Friday, September 15, 2023
28 28 order Order on Motion for Leave to File Document Fri 09/15 4:50 PM
Judge Indira Talwani: ELECTRONIC ORDER allowing 27 Motion for Leave to File a Reply Brief. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle)
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Thursday, September 14, 2023
27 27 motion Leave to File Document Thu 09/14 9:11 AM
MOTION for Leave to File a Reply Brief by Cheryl Lussier Poppe, Marylou Sudders, Francisco Urena.(Marshall, Christina)
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Thursday, August 31, 2023
26 26 38 pgs respm Opposition to Motion Thu 08/31 5:02 PM
Opposition re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Edward Poulin, Thomas Sullivan, Delma Terenzio. Related [+]
Related: [-] illy, Christopher
Att: 1 Exhibit Docket sheet in Ablordeppey v. Walsh
Monday, August 28, 2023
25 25 order Order on Motion for Extension of Time to File Response/Reply Mon 08/28 3:47 PM
Judge Indira Talwani: ELECTRONIC ORDER allowing 24 Assented to Motion for Extension of Time to File Response/Reply20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by August 31, 2023. (Kelly, Danielle)
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24 24 motion Extension of Time to File Response/Reply Mon 08/28 10:49 AM
Assented to MOTION for Extension of Time to August 31, 2023 to File Opposition Opposition to Defendants' Motion to Dismiss by Delma Terenzio Related [+] Modified on 8/28/2023: Corrected event type (Kelly, Danielle)
Related: [-] illy, Christopher
Thursday, August 03, 2023
23 23 order Order on Motion for Extension of Time to File Response/Reply Thu 08/03 12:49 PM
Judge Indira Talwani: ELECTRONIC ORDER allowing 22 Assented to Motion for Extension of Time to File Response/Reply20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by August 28, 2023. (Kelly, Danielle)
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22 22 motion Extension of Time to File Response/Reply Thu 08/03 10:08 AM
Assented to MOTION for Extension of Time to August 28, 2023 to File Opposition to Defendants' Motion to Dismiss by Delma Terenzio Related [+] Modified on 8/3/2023: corrected event type (Kelly, Danielle)
Related: [-] illy, Christopher
Friday, July 21, 2023
21 21 27 pgs respm Memorandum in Support of Motion Fri 07/21 5:43 PM
MEMORANDUM in Support re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cheryl Lussier Poppe, Marylou Sudders, Francisco Urena. (Marshall, Christina)
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20 20 motion Dismiss for Failure to State a Claim Fri 07/21 5:41 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cheryl Lussier Poppe, Marylou Sudders, Francisco Urena.(Marshall, Christina)
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19 19 notice Notice Cancelling Hearing Fri 07/21 8:40 AM
ELECTRONIC NOTICE Canceling Hearing: The scheduling conference set for July 31, 2023, is cancelled and will be reset by the clerk as necessary after resolution of the anticipated Motion to Dismiss. (Currie, Haley)
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18 18 order Order on Motion for Leave to File Excess Pages Fri 07/21 8:39 AM
Judge Indira Talwani: ELECTRONIC ORDER granting in part Proposed Joint Scheduling Order and Motion to Enlarge Page Limits17 . The page limit for the memoranda in support of and in opposition to Defendants' anticipated Motion to Dismiss is enlarged to 30 pages. The memoranda shall include tables of contents and tables of authority which need not be counted towards the page total. If Defendants determine a reply brief is necessary after review of the opposition, they may seek leave at that time. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Currie, Haley)
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Thursday, July 20, 2023
17 17 motion File Excess Pages Thu 07/20 2:21 PM
Joint MOTION for Leave to File Excess Pages - First Proposed Joint Scheduling Order And Motion To Enlarge Page Limits - by Edward Poulin, Thomas Sullivan, Delma Terenzio.(Donovan, John)
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Friday, June 30, 2023
16 16 7 pgs notice Notice of Scheduling Conference Fri 06/30 1:36 PM
SEE attached NOTICE of Scheduling Conference, with attached PROPOSED ORDER TEMPLATE. When filing the Joint Statement, counsel must attach a separate, proposed scheduling order using the template attached to this Notice. Scheduling Conference set for 7/31/2023 10:15 AM in Courtroom 9 Related [+] before Judge Indira Talwani. This proceeding 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. 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 general orders and public notices of the Court available on [LINK:www.mad.uscourts.gov] or contact media@mad.uscourts.gov . (MacDonald, Gail)
Related: [-] mote only
Wednesday, June 14, 2023
15 15 order Order on Motion for Extension of Time to Answer Wed 06/14 8:14 AM
Judge Indira Talwani: ELECTRONIC ORDER allowing 14 Assented to Motion to Extend Time to Respond to Complaint. Cheryl Lussier Poppe and Marylou Sudders answers due July 21, 2023. (Kelly, Danielle)
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Tuesday, June 13, 2023
14 14 motion Extension of Time to File Answer Tue 06/13 4:04 PM
Assented to MOTION for Extension of Time to July 21, 2023 to File Answer by Cheryl Lussier Poppe, Marylou Sudders.(Marshall, Christina)
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Friday, June 09, 2023
13 13 notice Notice of Appearance Fri 06/09 11:56 AM
NOTICE of Appearance by Lon F. Povich on behalf of Cheryl Lussier Poppe, Marylou Sudders (Povich, Lon)
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12 12 notice Notice of Appearance Fri 06/09 10:48 AM
NOTICE of Appearance by Christina S. Marshall on behalf of Cheryl Lussier Poppe, Marylou Sudders (Marshall, Christina)
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Wednesday, May 24, 2023
11 11 service Waiver of Service Executed Wed 05/24 2:42 PM
WAIVER OF SERVICE Returned Executed by Edward Poulin, Thomas Sullivan, Delma Terenzio. Francisco Urena waiver sent on 5/22/2023, answer due 7/21/2023. (Donovan, John)
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10 10 notice Notice of Appearance Wed 05/24 12:00 PM
NOTICE of Appearance by Robert L. Peabody on behalf of Francisco Urena (Peabody, Robert)
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Tuesday, May 23, 2023
9 9 notice Notice of Appearance Tue 05/23 4:02 PM
NOTICE of Appearance by Richard Goldstein on behalf of Francisco Urena (Goldstein, Richard)
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Monday, May 22, 2023
8 8 service Waiver of Service Executed Mon 05/22 4:32 PM
WAIVER OF SERVICE Returned Executed by Edward Poulin, Thomas Sullivan, Delma Terenzio. Cheryl Lussier Poppe waiver sent on 5/16/2023, answer due 7/17/2023. (Donovan, John)
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7 7 service Waiver of Service Executed Mon 05/22 4:29 PM
WAIVER OF SERVICE Returned Executed by Edward Poulin, Thomas Sullivan, Delma Terenzio. Marylou Sudders waiver sent on 5/16/2023, answer due 7/17/2023. (Donovan, John)
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Thursday, May 11, 2023
6 6 27 pgs cmp Amended Complaint Thu 05/11 3:25 PM
AMENDED COMPLAINT - First Amended Complaint and Jury Trial Demand - against Cheryl Lussier Poppe, John Doe 1, John Doe 2, Jane Doe 1, Francisco Urena, Jane Doe 2, Marylou Sudders, filed by Edward Poulin, Thomas Sullivan, Delma Terenzio.(Donovan, John)
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Tuesday, February 28, 2023
5 5 2 pgs service Summons Issued Tue 02/28 9:50 AM
Summons Issued as to Jane Doe 1, Jane Doe 2, John Doe 1, John Doe 2, Cheryl Lussier Poppe, Marylou Sudders, Francisco Urena. 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. (Dore, Samantha)
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4 4 notice Notice of Case Assignment Tue 02/28 9:45 AM
ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 Donald L. Cabell. (Finn, Mary)
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Monday, February 27, 2023
3 3 2 pgs notice Notice of Appearance Mon 02/27 6:37 PM
NOTICE of Appearance by Anthony J. Antonellis on behalf of Edward Poulin, Thomas Sullivan, Delma Terenzio (Antonellis, Anthony)
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2 2 2 pgs notice Notice of Appearance Mon 02/27 6:21 PM
NOTICE of Appearance by Christopher M. Reilly on behalf of Edward Poulin, Thomas Sullivan, Delma Terenzio Related [+]
Related: [-] illy, Christopher
1 1 24 pgs cmp Complaint Mon 02/27 5:54 PM
COMPLAINT AND JURY TRIAL DEMAND against Cheryl Lussier Poppe, John Doe 1, John Doe 2, Jane Doe 1, Francisco Urena, Jane Doe 2, Marylou Sudders Filing fee: $ 402, receipt number AMADC-9736290 (Fee Status: Filing Fee paid), filed by Edward Poulin, Thomas Sullivan, Delma Terenzio.(Donovan, John)
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Att: 1 Civil Cover Sheet Civil Cover Sheet,
Att: 2 Category Form Category Form