Nelson v. Town of Westminster et al
| Massachusetts District Court | |
| Judge: | Margaret R Guzman |
| Referred: | David H Hennessy |
| Case #: | 4:23-cv-40069 |
| Nature of Suit | 751 Labor - Family and Medical Leave Act |
| Cause | Family and Medical Leave Act of 1993 |
| Case Filed: | Jun 14, 2023 |
| Last checked: Monday Dec 11, 2023 3:43 AM EST |
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Defendant
Town of Westminster
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Represented By
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Defendant
Chief Ralph LeBlanc
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Represented By
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Plaintiff
Amy Nelson
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Represented By
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| TERMINATED PARTIES | |
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Mediator
Judge David Hennessy
Terminated: 12/08/2023
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| Docket last updated: 46 minutes ago |
| Tuesday, May 13, 2025 | ||
| 49 | 49
notice
Notice of Appearance
Tue 05/13 9:43 AM
NOTICE of Appearance by Adam Simms on behalf of Chief Ralph LeBlanc (Simms, Adam) |
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| Thursday, May 08, 2025 | ||
| 48 | 48
notice
Notice of Appearance
Thu 05/08 10:17 AM
NOTICE of Appearance by Steven Sroczynski on behalf of Chief Ralph LeBlanc (Sroczynski, Steven) |
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| Thursday, December 12, 2024 | ||
| 47 | 47
order
Scheduling Order
Thu 12/12 1:31 PM
District Judge Margaret R. Guzman: ORDER entered. AMENDED SCHEDULING ORDER issued. (Frisch, Suzanne) |
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| 46 | 46
minutes
Scheduling Conference ~Util - Set Scheduling Order Deadlines
Thu 12/12 1:28 PM
Electronic Clerk's Notes for proceedings held before District Judge Margaret R. Guzman: Scheduling Conference held on 12/12/2024. Case called. Counsel appear by video for scheduling conference. Court adopts proposed scheduling order with changes; amended order to issue. Fact Discovery to be completed by 9/2/2025. Dispositive Motions due by 2/2/2026. Status Conference set for 9/8/2025 at 2:30 PM in Courtroom 2 - Worcester before District Judge Margaret R. Guzman. (Court Reporter: Marianne Kusa Ryll at justicehill@aol.com) (Attorneys present: Burke, Mayo, Trapani) (Frisch, Suzanne) |
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| Thursday, December 05, 2024 | ||
| 45 | 45
misc
Joint statement of counsel
Thu 12/05 3:41 PM
Proposed JOINT STATEMENT of counsel regarding Scheduling Order . (Burke, Timothy) |
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| Wednesday, November 20, 2024 | ||
| 44 | 44
notice
Notice of Hearing
Wed 11/20 9:43 AM
ELECTRONIC NOTICE of Hearing: Scheduling Conference set for 12/12/2024 at 11:15 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 media@mad.uscourts.gov . (Frisch, Suzanne) |
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| Tuesday, October 01, 2024 | ||
| 43 | 43
answer
Answer to Amended Complaint
Tue 10/01 9:03 PM
ANSWER to12 Amended Complaint by Town of Westminster.(Mayo, Courtney) |
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| 42 | 42
answer
Answer to Amended Complaint
Tue 10/01 3:29 PM
ANSWER to12 Amended Complaint by Chief Ralph LeBlanc.(Trapani, Jeffrey) |
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| Tuesday, September 17, 2024 | ||
| 41 | 41
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 09/17 4:25 PM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered adopting Report and Recommendations re29 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re31 Motion to Dismiss for Failure to State a Claim. (Frisch, Suzanne) |
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| 40 | 40
order
Order On Report and Recommendations
Tue 09/17 4:04 PM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered adopting38 Report and Recommendation. (Frisch, Suzanne) |
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| Friday, August 30, 2024 | ||
| 39 | 39
utility
Case No Longer Referred to Magistrate Judge
Fri 08/30 4:32 PM
Case no longer referred to Magistrate Judge David H. Hennessy. (King, Dawn) |
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| 38 | 38
motion
Report and Recommendations
Fri 08/30 4:31 PM
Magistrate Judge David H. Hennessy: ORDER entered. REPORT AND RECOMMENDATIONS re31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Town of Westminster,29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Fed.R.Civ.P. 12(b)(6) filed by Chief Ralph LeBlanc Recommendation: As to Counts I and III for discrimination/retaliation in violation of the FMLA, Defendants' motions to dismiss should be DENIED. As to Count II for interference with FMLA-protected rights, LeBlanc's motion to dismiss should be GRANTED. As to Count IV for violations of the Massachusetts Civil Rights Act, LeBlanc's motion to dismiss should be GRANTED. As to Count V for intentional interference with an advantageous relationship, LeBlanc's motion to dismiss should be DENIED. As to Count VI for negligent supervision, Westminster's motion to dismiss should be GRANTED. As to Count VII for gender and sex discrimination in violation of Massachusetts law, Westminster's motion to dismiss should be DENIED. As to Count IX for retaliation in violation of Title VII of the Civil Rights Act, Westminster's motion to dismiss should be DENIED. As to Count X for sexual harassment in violation of Title VII of the Civil Rights Act, Westminster's motion to dismiss should be DENIED. Objections to R&R due by 9/13/2024.(King, Dawn) |
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| Friday, May 03, 2024 | ||
| 37 | 37
order
Order Referring Case to Magistrate Judge
Fri 05/03 9:04 AM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge David H. Hennessy. Referred for: Report and Recommendations (rr). Motions referred:31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Fed.R.Civ.P. 12(b)(6) . Further information: R&R.(Castles, Martin) |
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| Friday, March 08, 2024 | ||
| 36 | 36
19
pgs
respm
Memorandum in Opposition to Motion
Fri 03/08 2:35 PM
MEMORANDUM in Opposition re29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Fed.R.Civ.P. 12(b)(6) filed by Amy Nelson. (Burke, Timothy) |
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| 35 | 35
18
pgs
respm
Memorandum in Opposition to Motion
Fri 03/08 2:34 PM
MEMORANDUM in Opposition re31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Amy Nelson. (Burke, Timothy) |
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| Wednesday, February 07, 2024 | ||
| 34 | 34
order
Order on Motion for Extension of Time to File Response/Reply
Wed 02/07 10:04 AM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting33 Motion for Extension of Time to File Response re29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Fed.R.Civ.P. 12(b)(6) and31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 3/8/2024. (Castles, Martin) |
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| Tuesday, February 06, 2024 | ||
| 33 | 33
motion
Extension of Time to File Response/Reply
Tue 02/06 11:04 AM
Assented to MOTION for Extension of Time to 03/08/2024 to File Response/Reply as to31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Fed.R.Civ.P. 12(b)(6) by Amy Nelson.(Burke, Timothy) |
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| Friday, January 12, 2024 | ||
| 32 | 32
14
pgs
respm
Memorandum in Support of Motion
Fri 01/12 5:03 PM
MEMORANDUM in Support re31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Town of Westminster. (Mayo, Courtney) |
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| 31 | 31
motion
Dismiss for Failure to State a Claim
Fri 01/12 5:02 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Town of Westminster.(Mayo, Courtney) |
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| 30 | 30
20
pgs
respm
Memorandum in Support of Motion
Fri 01/12 4:42 PM
MEMORANDUM in Support re29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Fed.R.Civ.P. 12(b)(6) filed by Chief Ralph LeBlanc. (Trapani, Jeffrey) |
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| 29 | 29
motion
Dismiss for Failure to State a Claim
Fri 01/12 4:40 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Fed.R.Civ.P. 12(b)(6) by Chief Ralph LeBlanc.(Trapani, Jeffrey) |
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| 28 | 28
misc
Stipulation
Fri 01/12 9:28 AM
STIPULATION of Partial Dismissal with Prejudice by Amy Nelson. (Burke, Timothy) |
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| Tuesday, January 09, 2024 | ||
| 27 | 27
order
Order on Motion for Leave to File Excess Pages
Tue 01/09 10:12 AM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting26 Motion for Leave to File Excess Pages. (Castles, Martin) |
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| Monday, January 08, 2024 | ||
| 26 | 26
motion
File Excess Pages
Mon 01/08 3:25 PM
Assented to MOTION for Leave to File Excess Pages IN SUPPORT OF HIS MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12)(b)(6) by Chief Ralph LeBlanc.(Trapani, Jeffrey) |
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| Tuesday, December 12, 2023 | ||
| 25 | 25
order
Order on Motion for Extension of Time to Answer
Tue 12/12 3:58 PM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting24 Motion for Extension of Time to Answer. Chief Ralph LeBlanc answer due 1/12/2024; Town of Westminster answer due 1/12/2024. (Castles, Martin) |
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| Monday, December 11, 2023 | ||
| 24 | 24
motion
Extension of Time
Mon 12/11 9:20 AM
Joint MOTION for Extension of Time to January 12, 2024 to File An Answer or Responsive Pleading by Chief Ralph LeBlanc.(Trapani, Jeffrey) |
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| Friday, December 08, 2023 | ||
| 23 | 23
adr
Report of Alternative Dispute Resolution Provider
Fri 12/08 12:30 PM
REPORT of Alternative Dispute Resolution Provider.(King, Dawn) |
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| Wednesday, December 06, 2023 | ||
| 21 | 21
minutes
Telephone Conference 1 - Terminate Deadlines and Hearings
Wed 12/06 2:43 PM
*NOT RECORDED* Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Telephone Conference held on 12/6/2023. Court and parties discuss matters prior to tomorrow's scheduled mediation. (Court Reporter: None.)(Attorneys present: Burke, T.; Mayo, Trapani) (King, Dawn) |
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| Tuesday, October 24, 2023 | ||
| 20 | 20
notice
Notice of ADR Conference
Tue 10/24 11:54 AM
NOTICE of ADR Conference, Order and Telephone Conference. *See attached order*. IN-PERSON Alternative Dispute Resolution Hearing set for 12/7/2023 at 11:00 AM in Courtroom 1 - Worcester before Magistrate Judge David H. Hennessy. Pre-Mediation Telephone Conferences set for 12/6/2023 as follows: 11:30 AM for Plaintiff; 12:00 PM for Defendants. Call-in information will be emailed to counsel.(King, Dawn) |
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| Monday, October 23, 2023 | ||
| 18 | 18
order
Order on Motion for Extension of Time to Answer
Mon 10/23 9:00 AM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting17 Motion for Extension of Time to Answer. Chief Ralph LeBlanc answer due 12/22/2023; Town of Westminster answer due 12/22/2023. (Castles, Martin) |
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| Friday, October 20, 2023 | ||
| 19 | 19
minutes
Telephone Conference 1 - Terminate Deadlines and Hearings
Tue 10/24 11:43 AM
*NOT RECORDED* Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Telephone Conference held on 10/20/2023. Parties discuss proceeding with a mediation in person or via video. Parties to pick a date. (Court Reporter: None.)(Attorneys present: Burke, T.; Mayo; Tripani) (King, Dawn) |
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| 17 | 17
motion
Extension of Time to File Response/Reply
Fri 10/20 2:29 PM
Joint MOTION for Extension of Time to December 22, 2023 to File Response/Reply as to12 Amended Complaint -SECOND JOINT MOTION by Chief Ralph LeBlanc.(Trapani, Jeffrey) |
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| Monday, October 02, 2023 | ||
| 16 | 16
notice
Notice of ADR Conference
Mon 10/02 2:22 PM
ELECTRONIC NOTICE of pre-ADR Phone Conference set for 10/20/2023 at 10:00 AM in Courtroom 1 Worcester before Magistrate Judge David H. Hennessy. Please be prepared to discuss the parties' position on participating in an in-person or video conference mediation as well as agreed upon dates to present to the Court in order to schedule the mediation. *Call-in phone number will be emailed to counsel separately. (King, Dawn) |
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| 15 | 15
order
Order Referring Case to ADR
Mon 10/02 9:07 AM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution. Case is referred to Magistrate Judge Hennessy for Mediation.(Castles, Martin) |
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| Monday, August 28, 2023 | ||
| 14 | 14
order
Order on Motion for Extension of Time to Answer
Mon 08/28 12:22 PM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting13 Motion for Extension of Time to Answer. Chief Ralph LeBlanc answer due 11/6/2023; Town of Westminster answer due 11/6/2023. (Castles, Martin) |
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| Friday, August 25, 2023 | ||
| 13 | 13
motion
Extension of Time to File Answer
Fri 08/25 4:01 PM
Joint MOTION for Extension of Time to File Answer re12 Amended Complaint by Chief Ralph LeBlanc, Town of Westminster.(Trapani, Jeffrey) |
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| Wednesday, August 23, 2023 | ||
| 12 | 12
cmp
Amended Complaint
Wed 08/23 3:43 PM
AMENDED COMPLAINT against All Defendants, filed by Amy Nelson.(Burke, Timothy) |
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| 11 | 11
order
Order on Motion to Amend
Wed 08/23 11:35 AM
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting9 Motion to Amend Complaint. (Belpedio, Lisa) |
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| Tuesday, August 22, 2023 | ||
| 10 | 10
notice
Notice of Appearance
Tue 08/22 2:20 PM
NOTICE of Appearance by Courtney E. Mayo on behalf of Town of Westminster (Mayo, Courtney) |
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| 9 | 9
motion
Amend
Tue 08/22 11:11 AM
MOTION to Amend1 Complaint, by Amy Nelson.(Burke, Timothy) |
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| Tuesday, July 25, 2023 | ||
| 8 | 8
notice
Notice of Appearance
Tue 07/25 2:15 PM
NOTICE of Appearance by Jeffrey J. Trapani on behalf of Chief Ralph LeBlanc (Trapani, Jeffrey) |
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| Friday, July 07, 2023 | ||
| 7 | 7
service
Acknowledgment of Service
Fri 07/07 11:18 AM
ACKNOWLEDGMENT OF SERVICE Executed by Amy Nelson. Town of Westminster served on 7/7/2023, answer due 7/28/2023. Acknowledgment filed by Amy Nelson. (Burke, Timothy) |
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| Thursday, July 06, 2023 | ||
| 6 | 6
service
Waiver of Service Executed
Thu 07/06 4:32 PM
WAIVER OF SERVICE Returned Executed by Amy Nelson. Chief Ralph LeBlanc waiver sent on 7/6/2023, answer due 9/5/2023. (Burke, Timothy) |
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| Thursday, June 15, 2023 | ||
| 5 | 5
service
Summons Issued
Thu 06/15 12:07 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) |
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| 4 | 4
notice
Notice of Case Assignment
Thu 06/15 12:05 PM
ELECTRONIC NOTICE of Case Assignment. District Judge Margaret R. Guzman 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. (Barrows, Jennifer) |
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| Wednesday, June 14, 2023 | ||
| 3 | 3
notice
Notice of Appearance
Wed 06/14 12:38 PM
NOTICE of Appearance by Jordan E. Burke on behalf of Amy Nelson (Burke, Jordan) |
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| 2 | 2
notice
Notice of Appearance
Wed 06/14 12:25 PM
NOTICE of Appearance by Jared S. Burke on behalf of Amy Nelson (Burke, Jared) |
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| 1 | 1
cmp
Complaint
Wed 06/14 12:21 PM
COMPLAINT and Jury Demand against All Defendants Filing fee: $ 402, receipt number AMADC-9904614 (Fee Status: Filing Fee paid), filed by Amy Nelson.(Burke, Timothy) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet,
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Att: 2
Category Form Category Form
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