Lovering v. Brewster Academy

New Hampshire District Court
Judge:	Landya B Mccafferty
Referred:	Andrea K Johnstone
Case #:	1:24-cv-00062
Nature of Suit	360 Torts - Personal Injury - Other Personal Injury
Cause	28:1332 Diversity-Personal Injury

Case Filed:

Feb 29, 2024

Last checked: Tuesday Aug 27, 2024 4:42 AM EDT

Defendant Brewster Academy	Represented By Janet R. Barringer Freeman Mathis & Gary LLP contact info Katherine Chenail Freeman Mathis & Gary LLP contact info
Plaintiff Lydia Lovering	Represented By Joseph M. Cacace Todd & Weld LLP contact info Megan C. Deluhery Todd & Weld LLP contact info William Gildea Todd & Weld LLP contact info

GPO Aug 28 2024
ORDER denying 5 Motion to Dismiss for Failure to State a Claim. So Ordered by Chief Judge Landya B. McCafferty. (gla)

Docket last updated: 05/06/2025 11:59 PM EDT

Monday, February 03, 2025
		order Order on Motion to Continue and Extend Deadlines Mon 02/03 8:43 AM ENDORSED ORDER granting 30 Motion to Continue and Extend Deadlines. Text of Order: Granted with the following modifications: (1) defendant's expert disclosure deadline shall be June 2, 2025; and (2) trial shall be set for the two-week period beginning December 9, 2025. So Ordered by US Magistrate Judge Andrea K Johnstone. (vln) Related: [-]
		notice Trial Notice Mon 02/03 8:48 AM TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 12/9/2025 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 11/12/2025 10:00 AM before Chief Judge Landya B. McCafferty. Pretrial Statements due 10/22/2025. LR 16.2(d) Objections due 11/5/2025. (vln) Related: [-]
Friday, January 31, 2025
30		30 motion Continue and Extend Deadlines Fri 01/31 3:09 PM Assented to MOTION to Continue and Extend Deadlines Certain Deadlines Established in the Court's Order Dated January 21, 2025 filed by Brewster Academy.(Chenail, Katherine) Related: [-]
		Att: 1 Exhibit Exhibit 1 to Joint Motion to Extend Certain Deadlines Established in the Court's Order Dated January 21, 2025
Tuesday, January 21, 2025
29		29 8 pgs order Order on Motion for Protective Order Tue 01/21 9:20 AM ENDORSED ORDER granting 26 Joint Motion for Protective Order. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(de) Related: [-]
		order Order on Motion to Continue and Extend Deadlines Tue 01/21 9:10 AM ENDORSED ORDER granting in part 25 Joint Motion to Continue and Extend Deadlines. Text of Order: Granted with the following change: trial shall be set for the two-week period beginning August 19, 2025. So Ordered by US Magistrate Judge Andrea K Johnstone.(de) Related: [-]
Saturday, January 18, 2025
28		28 misc Miscellaneous Filing Sat 01/18 9:53 AM Joint Statement on Discovery (Deluhery, Megan) Related: [-]
27		27 misc Status Report Sat 01/18 9:49 AM STATUS REPORT by Lydia Lovering : Joint Statement on Discovery Status(Gildea, William) Related: [-]
Thursday, December 19, 2024
26		26 motion Protective Order Thu 12/19 3:16 PM Joint MOTION for Protective Order Entry filed by Lydia Lovering.Follow up on Objection on 1/2/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Gildea, William) Related: [-]
		Att: 1 Exhibit 1
Wednesday, December 18, 2024
25		25 motion Continue and Extend Deadlines Wed 12/18 11:57 AM Joint MOTION to Continue and Extend Deadlines Dkt. Nos. 21-22 Scheduling Order filed by Lydia Lovering.Follow up on Objection on 1/2/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Gildea, William) Related: [-]
		Att: 1 Exhibit 1
Tuesday, September 24, 2024
24		24 answer Answer to Complaint Tue 09/24 1:03 PM ANSWER to1 Complaint - New Case, with jury demand filed by Brewster Academy.(Chenail, Katherine) Related: [-]
Thursday, August 29, 2024
		notice Trial Notice Thu 08/29 1:19 PM TRIAL NOTICE Pursuant to Discovery Plan/Order on Discovery Plan: Pretrial Statements due 5/13/2025. LR 16.2(d) Objections due 5/27/2025. Jury Selection/Trial set for two week period beginning 6/17/2025 at 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 6/3/2025 at 03:00 PM before Chief Judge Landya B. McCafferty. (de) Related: [-]
Wednesday, August 28, 2024
23		23 16 pgs order Order on Motion to Dismiss for Failure to State a Claim Wed 08/28 12:39 PM ORDER denying 5 Motion to Dismiss for Failure to State a Claim. So Ordered by Chief Judge Landya B. McCafferty. (gla) Related: [-]
Tuesday, June 18, 2024
22		22 4 pgs order Order Thu 06/20 4:22 AM Amended Order on Discovery Plan/Scheduling Order. So Ordered by US Magistrate Judge Andrea K Johnstone.(de) Related: [-]
Monday, June 17, 2024
21		21 4 pgs order Order on Discovery Plan Mon 06/17 4:43 PM ORDER approving with changes 20 Discovery Plan. Length of Trial 5 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. So Ordered by US Magistrate Judge Andrea K Johnstone. Joint Statement regarding the status of discovery due by 1/20/2025. Summary Judgment Motions due by 2/14/2025. Mediation Follow Up on 5/19/2025.(de) Related: [-]
Thursday, June 13, 2024
20		20 motion Discovery Plan Thu 06/13 5:29 PM Proposed Discovery Plan filed by Lydia Lovering. (Gildea, William) Related: [-]
Wednesday, May 15, 2024
		notice Pretrial Conference Wed 05/15 12:28 PM NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 6/20/2024 10:30 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 6/13/2024. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad) Related: [-]
Thursday, May 09, 2024
19		19 misc Affidavit Thu 05/09 3:35 PM AFFIDAVIT of Jurisdictional Facts filed by Lydia Lovering(Deluhery, Megan) Related: [-]
		Att: 1 Exhibit A
Friday, May 03, 2024
18		18 respm Objection to Motion Fri 05/03 2:25 PM OBJECTION to5 MOTION to Dismiss for Failure to State a Claim as to all Counts in the Complaint filed by Lydia Lovering. Follow up on Reply on 5/10/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Deluhery, Megan) Related: [-]
		Att: 1 Exhibit A, Perry v SNH Decision,
		Att: 2 Exhibit B, McKenna v Am. Inst. Memo and Order,
		Att: 3 Exhibit C, Brewster Academy 2019 Return
Monday, April 29, 2024
17		17 2 pgs order Order Mon 04/29 10:15 AM ORDER. Accordingly, no later than May 10, 2024, Lovering shall file an affidavit of jurisdictional facts with the court. The affidavit shall state whether Brewster is a corporation or some other type of business entity and provide facts necessary to determine its citizenship. Failure to comply with this order will result in dismissal of the case without prejudice for failure to show subject-matter jurisdiction. So Ordered by Chief Judge Landya B. McCafferty.(de) Related: [-]
Thursday, April 25, 2024
		order Order on Motion to Extend Time Thu 04/25 12:00 PM ENDORSED ORDER granting 13 Assented to Motion to Extend Time for Lydia Lovering to File Her Objection to Defendant's Motion to Dismiss. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.Follow up on Objection on 5/3/2024. (de) Related: [-]
Wednesday, April 24, 2024
16		16 misc Diversity Citizenship Disclosure Statement Wed 04/24 7:15 PM Diversity of Citizenship Disclosure Statement by Lydia Lovering identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Gildea, William) Related: [-]
Tuesday, April 23, 2024
15		15 misc Disclosure Statement Tue 04/23 5:22 PM Disclosure Statement by Brewster Academy disclosing no parent company, no publicly traded company, and no merger agreement. (Chenail, Katherine) Related: [-]
14		14 misc Diversity Citizenship Disclosure Statement Tue 04/23 5:20 PM Diversity of Citizenship Disclosure Statement by Brewster Academy identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Chenail, Katherine) Related: [-]
13		13 motion Extend Time Tue 04/23 4:38 PM Assented to MOTION to Extend Time for Lydia Lovering to File Her Objection to Defendant's Motion to Dismiss filed by Lydia Lovering.(Gildea, William) Related: [-]
Thursday, April 18, 2024
12		12 notice Attorney Appearance Thu 04/18 4:03 PM NOTICE of Attorney Appearance by William Gildea on behalf of Lydia Lovering Attorney William Gildea added to party Lydia Lovering(pty:pla).(Gildea, William) Related: [-]
11		11 notice Attorney Appearance Thu 04/18 3:35 PM NOTICE of Attorney Appearance by Megan C. Deluhery on behalf of Lydia Lovering Attorney Megan C. Deluhery added to party Lydia Lovering(pty:pla).(Deluhery, Megan) Related: [-]
10		10 notice Attorney Appearance Thu 04/18 1:21 PM NOTICE of Attorney Appearance by Katherine Chenail on behalf of Brewster Academy Attorney Katherine Chenail added to party Brewster Academy(pty:dft).(Chenail, Katherine) Related: [-]
		utility Set Deadlines PUBLIC Thu 04/18 5:02 PM NOTICE: Diversity Disclosure Statement DUE BY 4/25/2024. See LR 7.1.1. (vln) Related: [-]
Thursday, April 11, 2024
		order Order on Motion to Appear Pro Hac Vice Thu 04/11 3:00 PM ENDORSED ORDER granting 7 Assented to Motion for Megan C. Deluhery to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de) Related: [-]
		order Order on Motion to Appear Pro Hac Vice Thu 04/11 3:06 PM ENDORSED ORDER granting 8 Assented to Motion for William E. Gildea to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de) Related: [-]
		order Order on Motion to Appear Pro Hac Vice Thu 04/11 3:08 PM ENDORSED ORDER granting 9 Assented to Motion for Katherine Chenail to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de) Related: [-]
Tuesday, April 09, 2024
9		9 motion Appear Pro Hac Vice Tue 04/09 3:03 PM Assented to MOTION for Katherine Chenail to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2497219.) filed by Brewster Academy.(Barringer, Janet) Related: [-]
		Att: 1 Exhibit (Affidavit) Affidavit of Katherine Chenail, Esq.
8		8 motion Appear Pro Hac Vice Tue 04/09 1:32 PM Assented to MOTION for William E. Gildea to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2497162.) filed by Lydia Lovering.(Cacace, Joseph) Related: [-]
		Att: 1 Exhibit (Affidavit) Affidavit of William E. Gildea, Esq.
7		7 motion Appear Pro Hac Vice Tue 04/09 1:29 PM Assented to MOTION for Megan C. Deluhery to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2497159.) filed by Lydia Lovering.(Cacace, Joseph) Related: [-]
		Att: 1 Exhibit (Affidavit) Affidavit of Megan C. Deluhery, Esq.
6		6 13 pgs respm Memorandum in Support of Motion Tue 04/09 12:06 PM MEMORANDUM in Support re5 MOTION to Dismiss for Failure to State a Claim as to all Counts in the Complaint filed by Brewster Academy.(Barringer, Janet) Related: [-]
		Att: 1 Exhibit Signed Agreement
5		5 motion Dismiss for Failure to State a Claim Tue 04/09 12:03 PM MOTION to Dismiss for Failure to State a Claim as to all Counts in the Complaint filed by Brewster Academy.Follow up on Objection on 4/23/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Barringer, Janet) Related: [-]
4		4 notice Attorney Appearance Tue 04/09 11:49 AM NOTICE of Attorney Appearance by Janet R. Barringer on behalf of Brewster Academy Attorney Janet R. Barringer added to party Brewster Academy(pty:dft).(Barringer, Janet) Related: [-]
Thursday, April 04, 2024
3		3 service Return of Service Executed Thu 04/04 10:06 AM Return of Service Executed as to Brewster Academy by Lydia Lovering. Served/Mailed on 3/19/2024. Answer Follow Up on 4/9/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Cacace, Joseph) Related: [-]
Thursday, February 29, 2024
2		2 service Summons - Waiver Issued Thu 02/29 11:25 AM Summons issued electronically as to Brewster Academy. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4.(mc) Related: [-]
		Att: 1 Notice ECF
1		1 13 pgs cmp Complaint - New Case Thu 02/29 10:17 AM NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 405, receipt number ANHDC-2483521 filed by Lydia Lovering.(Cacace, Joseph) (mc) Related: [-]
		Att: 1 Exhibit A - Text Messages,
		Att: 2 Civil Cover Sheet civil cover sheet
		Att: 3 (2/29/2024) Summons
		utility Case Assigned Thu 02/29 10:52 AM Case assigned to Chief Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:24-cv-62-LM-AJ. Please show this number with the judge designation on all future pleadings. (mc) Related: [-]
		notice Notice - ECF Thu 02/29 10:53 AM NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click [LINK:HERE] . (mc) Related: [-]

Continue to Create Account