Tutungian v. Massachusetts Electric Company
| Massachusetts District Court | |
| Judge: | F Dennis Saylor, IV |
| Case #: | 1:24-cv-10228 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1001 E.R.I.S.A.: Employee Retirement |
| Case Filed: | Jan 29, 2024 |
| Terminated: | May 06, 2024 |
| Case in other court: | Norfolk Superior Court, 2382CV01092 |
| Last checked: Saturday Jul 27, 2024 4:41 AM EDT |
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Counter Claimant
Massachusetts Electric Company
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Represented By
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Counter Defendant
Pro se litigant Daniel J Tutungian
61 N Main St
Bellingham, MA 02019 |
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Defendant
Massachusetts Electric Company
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Represented By
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Plaintiff
Pro se litigant Daniel J Tutungian
61 N Main St
Bellingham, MA 02019 |
GPO
Apr 09 2024
Chief Judge F. Dennis Saylor, IV: ORDER entered. MEMORANDUM AND ORDER.Accordingly, because ERISA completely preempts the claims in Count 4 of the complaint and the Safe Harbor Exception does not apply, this Court has subject-matter jurisdiction over this dispute. Plaintiff's motion to remand is DENIED.So Ordered.(de Oliveira, Flaviana) |
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GPO
May 06 2024
Chief Judge F. Dennis Saylor, IV: ORDER entered. MEMORANDUM AND ORDER.Accordingly, and for the foregoing reasons, plaintiff's motion to remand (Dkt. No. 26) is GRANTED.So Ordered. (de Oliveira, Flaviana) |
| Docket last updated: 10 hours ago |
| Monday, May 06, 2024 | ||
| 38 | 38
misc
Case file sent
Mon 05/06 12:03 PM
Case file sent to Norfolk County Superior Court. (de Oliveira, Flaviana) |
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| 37 | 37
order
Order on Motion for Leave to File Document Order on Motion for Order Order on Motion to Correct
Mon 05/06 11:59 AM
Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered terminating as moot 34 MOTION for Leave to File Reply to Defendants Opposition; terminating as moot 19 First MOTION for Order to Order scheduling and case management conference; terminating as moot 29 MOTION to Correct 27 Order on Motion to Amend. (de Oliveira, Flaviana) |
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| 36 | 36
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pgs
order
Order of Remand to State Court
Mon 05/06 11:54 AM
Chief Judge F. Dennis Saylor, IV: ORDER entered. ORDER OF REMAND to Norfolk Superior Court. (de Oliveira, Flaviana) |
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| 35 | 35
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pgs
order
Memorandum & Order
Mon 05/06 11:47 AM
Chief Judge F. Dennis Saylor, IV: ORDER entered. MEMORANDUM AND ORDER. Accordingly, and for the foregoing reasons, plaintiff's motion to remand (Dkt. No. 26 ) is GRANTED. So Ordered. (de Oliveira, Flaviana) |
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| Sunday, May 05, 2024 | ||
| 34 | 34
motion
Leave to File Document
Sun 05/05 7:49 PM
MOTION for Leave to File Reply to Defendants Opposition to Plaintiffs MOTION to Remand to State Court and Amend Complaint by Daniel J Tutungian.(Tutungian, Daniel) |
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| Friday, May 03, 2024 | ||
| 33 | 33
discov
Certification pursuant to Rule 16.1
Fri 05/03 8:54 AM
CERTIFICATION pursuant to Local Rule 16.1 . (Curran, Patrick) |
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| Wednesday, May 01, 2024 | ||
| 32 | 32
misc
Statement of counsel
Wed 05/01 5:22 PM
STATEMENT OF COUNSEL Pursuant to Local Rule 16.1 by Massachusetts Electric Company.(Curran, Patrick) |
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Att: 1
Exhibit Defendant's Proposed Scheduling Order
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| Thursday, April 25, 2024 | ||
| 31 | 31
notice
Notice of Scheduling Conference
Thu 04/25 10:46 AM
NOTICE of Hearing: Scheduling Conference set for 5/8/2024 03:00 PM in Courtroom 10 (In person only) before Chief Judge F. Dennis Saylor IV.(McKillop, Matthew) |
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Att: 1
Template Scheduling Order
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| Wednesday, April 24, 2024 | ||
| 30 | 30
respm
Opposition to Motion
Wed 04/24 12:32 PM
Opposition re26 MOTION to Remand to State Court and Amend Complaint filed by Massachusetts Electric Company. (Curran, Patrick) |
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| Tuesday, April 23, 2024 | ||
| 29 | 29
motion
Correct
Tue 04/23 7:13 AM
MOTION to Correct 27 Order on Motion to Amend,,, Telephone Conference,,, Terminate Hearings,,, Set Hearings,, AND SET SCHEDULING CONFERENCE by Daniel J Tutungian.(Tutungian, Daniel) |
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| 28 | 28
cmp
Amended Complaint
Tue 04/23 3:11 AM
AMENDED COMPLAINT REMOVAL OF LINE 57 AND COUNT IV against Massachusetts Electric Company, filed by Daniel J Tutungian.(Tutungian, Daniel) (Main Document 28 replaced on 4/23/2024, detached from supporting documents.) (de Oliveira, Flaviana). Additional attachment(s) added on 4/23/2024: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z) (de Oliveira, Flaviana). Some exhibits restricted due to containing personal identifiers. (de Oliveira, Flaviana) |
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| Monday, April 22, 2024 | ||
| 27 | 27
minutes
Telephone Conference 1 - Terminate Hearings ~Util - Set Hearings Order on Motion to Amend
Mon 04/22 4:01 PM
Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Telephone Conference held on 4/22/2024; pltff present (pro se) posture/events of case addressed;26 Pltff's Motion to Amend Complaint granted; said motion as to remand remains pending; Telephone Conference set for 5/8/2024 03:00 PM in Remote Proceeding before Chief Judge F. Dennis Saylor IV. (Court Reporter: Kelly Mortellite at mortellite@gmail.com)(Attorneys present: Curran, Jr. for the deft) (Lovett, Jarrett) |
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| Wednesday, April 10, 2024 | ||
| 26 | 26
motion
Amend
Wed 04/10 12:57 AM
MOTION to Amend Complaint, Motion to Remand to State Court by Daniel J Tutungian.(Tutungian, Daniel) |
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| Tuesday, April 09, 2024 | ||
| 25 | 25
5
pgs
order
Memorandum & Order
Tue 04/09 12:38 PM
Chief Judge F. Dennis Saylor, IV: ORDER entered. MEMORANDUM AND ORDER. Accordingly, because ERISA completely preempts the claims in Count 4 of the complaint and the Safe Harbor Exception does not apply, this Court has subject-matter jurisdiction over this dispute. Plaintiff's motion to remand is DENIED. So Ordered. (de Oliveira, Flaviana) |
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| Monday, April 08, 2024 | ||
| 24 | 24
respm
Opposition to Motion
Mon 04/08 12:18 PM
Opposition re19 First MOTION for Order to Order scheduling and case management conference filed by Massachusetts Electric Company. (Curran, Patrick) |
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| Thursday, April 04, 2024 | ||
| 23 | 23
respoth
Response - not related to a motion
Thu 04/04 7:50 PM
Reply and Response by Daniel J Tutungian to13 Opposition to Motion,6 Memorandum of Law of reasons in support of his motion for remand . (Tutungian, Daniel) |
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| 22 | 22
notice
Notice of Hearing
Thu 04/04 11:45 AM
ELECTRONIC NOTICE of Hearing: Status Conference set for 4/22/2024 03:00 PM by telephone before Chief Judge F. Dennis Saylor IV. (McKillop, Matthew) |
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| 21 | 21
order
Order on Motion for Leave to File Document
Thu 04/04 11:41 AM
Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting18 First MOTION for Leave to File Reply to Defendants Opposition to Plaintiffs Motion for Remand ; 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. (McKillop, Matthew) |
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| Wednesday, April 03, 2024 | ||
| 20 | 20
notice
Notice of Appearance
Wed 04/03 11:40 AM
NOTICE of Appearance by Andrea M. Sullivan on behalf of Massachusetts Electric Company (Sullivan, Andrea) |
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| Sunday, March 31, 2024 | ||
| 19 | 19
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pgs
motion
Order
Sun 03/31 11:59 PM
First MOTION for Order to Order scheduling and case management conference by Daniel J Tutungian.(Tutungian, Daniel) |
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| 18 | 18
motion
Leave to File Document
Sun 03/31 11:47 PM
First MOTION for Leave to File Reply to Defendants Opposition to Plaintiffs Motion for Remand by Daniel J Tutungian.(Tutungian, Daniel) |
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| Friday, March 01, 2024 | ||
| 17 | 17
order
Order on Motion for leave to electronically file Pro Se
Fri 03/01 11:36 AM
Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting12 MOTION for Leave to file electronically Pro Se. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at [LINK:https://pacer.uscourts.gov/register-account] . Pro se e-filing account Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm] . If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again. Please email contact@mad.uscourts.gov . (McKillop, Matthew) |
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| Monday, February 26, 2024 | ||
| 16 | 16
cmp
Counterclaim Amended Answer to Complaint
Mon 02/26 12:51 PM
AMENDED ANSWER to ANSWER, DEFENSES, AND , COUNTERCLAIM against Daniel J Tutungian by Massachusetts Electric Company. (Curran, Patrick) |
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| Friday, February 16, 2024 | ||
| 15 | 15
respm
Response to Motion
Fri 02/16 4:07 PM
RESPONSE to Motion re12 MOTION for Leave to file electronically Pro Se filed by Massachusetts Electric Company. (Curran, Patrick) |
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| Wednesday, February 14, 2024 | ||
| 14 | 14
misc
Affidavit
Wed 02/14 4:32 PM
AFFIDAVIT of Suzette Moreau by Massachusetts Electric Company. (Curran, Patrick) (Main Document 14 replaced on 2/14/2024, detached from supporting document.) (de Oliveira, Flaviana). Additional attachment(s) added on 2/14/2024: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (de Oliveira, Flaviana) |
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| 13 | 13
respm
Opposition to Motion
Wed 02/14 4:27 PM
Opposition re6 Plaintiff's MEMORANDUM of Reasons in Support of his motion for remand filed by Massachusetts Electric Company. (Curran, Patrick) Modified on 2/14/2024: Docket text corrected to reflect correct entry being opposed. (de Oliveira, Flaviana) |
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| Thursday, February 08, 2024 | ||
| 12 | 12
motion
Leave to file electronically Pro Se
Thu 02/08 12:59 PM
MOTION for Leave to file electronically Pro Se by Daniel J Tutungian. (de Oliveira, Flaviana) |
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| 11 | 11
respoth
Response - not related to a motion
Thu 02/08 12:54 PM
Plaintiff's Answer and Affirmative Defenses to Defendant's9 Answer to Complaint (Notice of Removal), Counterclaim by Daniel J Tutungian. (de Oliveira, Flaviana) |
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| Tuesday, February 06, 2024 | ||
| 10 | 10
misc
Corporate Disclosure Statement
Tue 02/06 11:19 AM
CORPORATE DISCLOSURE STATEMENT by Massachusetts Electric Company identifying Other Affiliate National Grid USA, Other Affiliate National Grid North America Inc., Other Affiliate National Grid (US) Investments 4 Limited, Other Affiliate National Grid (US) Partner 1 Limited, Other Affiliate National Grid (US) Holdings Limited, Other Affiliate National Grid plc. for Massachusetts Electric Company, Massachusetts Electric Company.. (Curran, Patrick) |
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| Monday, February 05, 2024 | ||
| 9 | 9
cmp
Counterclaim Answer to Complaint - after filing of Notice of Removal
Mon 02/05 4:43 PM
ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against Daniel J Tutungian by Massachusetts Electric Company. (Curran, Patrick) |
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| Friday, February 02, 2024 | ||
| 8 | 8
service
Certificate of Service pursuant to LR 5.2
Fri 02/02 3:11 PM
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Massachusetts Electric Company re7 State Court Record . (Curran, Patrick) |
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| 7 | 7
misc
State Court Record - no answer filed in state court
Fri 02/02 12:55 PM
STATE COURT Record Massachusetts Electric Company summons served on 1/8/2024, answer due 1/29/2024.. (Curran, Patrick) |
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| Wednesday, January 31, 2024 | ||
| 6 | 6
9
pgs
misc
Memorandum of Law
Wed 01/31 1:40 PM
Plaintiff's MEMORANDUM of Reasons in Support of his motion for remand by Daniel J Tutungian. (de Oliveira, Flaviana) |
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| 5 | 5
notice
Notice of Appearance
Wed 01/31 12:38 PM
NOTICE of Appearance by Daniel J Tutungian. (de Oliveira, Flaviana) |
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| Monday, January 29, 2024 | ||
| 4 | 4
notice
Certified Copy of Notice of Removal Provided to Defense Counsel
Mon 01/29 4:06 PM
Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Dore, Samantha) |
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| 3 | 3
notice
Notice of Case Assignment
Mon 01/29 4:02 PM
ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV 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. (Cook, Savannah) |
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| 2 | 2
notice
Notice of Appearance
Mon 01/29 3:34 PM
NOTICE of Appearance by Patrick M. Curran, Jr on behalf of Massachusetts Electric Company (Curran, Patrick) |
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| 1 | 1
notice
Notice of Removal
Mon 01/29 3:11 PM
NOTICE OF REMOVAL by Massachusetts Electric Company ( Filing fee: $ 405, receipt number AMADC-10242590 Fee Status: Filing Fee paid)(Curran, Patrick) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Civil Cover Sheet,
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Att: 6
Category Form
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