Case details

Court: mad
Docket #: 1:12-cv-10169
Case Name: Thach v. Ciavola et al
PACER case #: 141681
Date filed: 2012-01-30
Date terminated: 2013-07-23
Assigned to: Ch. Magistrate Judge Leo T. Sorokin
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Cindy Thach
Plaintiff
Howard Friedman
Law Offices of Howard Friedman, P.C. 90 Canal Street 5th Floor Boston, MA 02114-2022 617-742-4100 Fax: 617-742-5858 Email: hfriedman@civil-rights-law.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Milton
Law Offices of Howard Friedman 90 Canal Street 5th Floor Boston, MA 02114-2022 617-742-4100 Fax: 617-742-5858 Email: dmilton@civil-rights-law.com
ATTORNEY TO BE NOTICED

Stephen Ciavola
Defendant
Douglas I. Louison
Louison, Costello, Condon & Pfaff, LLP 101 Summer Street Fourth Floor Boston, MA 02110 617-439-0305 Fax: 617-439-0325 Email: dlouison@lccplaw.com
ATTORNEY TO BE NOTICED

Joseph A. Padolsky
Louison, Costello, Condon & Pfaff, LLP 101 Summer Street Fourth Floor Boston, MA 02110 617-439-0305 Email: jpadolsky@lccplaw.com
ATTORNEY TO BE NOTICED

City of Lowell
Defendant
Gina M. Atwood
City of Lowell Law Department 375 Merrimack Street 3rd Floor Lowell, MA 01852 978-674-4050 Email: gatwood@lowellma.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kerry Maddox Regan
City of Lowell Law Department 375 Merrimack Street 3rd Floor Lowell, MA 01852 978-674-4050 Fax: 978-453-1510 Email: kregan@lowellma.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kimberley A. McMahon
City of Lowell Law Department Room 51 375 Merrimac St. Lowell, MA 01852 978-970-4050 Fax: 978-453-1510 Email: KMcMahon@lowellma.gov
TERMINATED: 06/27/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maria Sheehy
City of Lowell City Hall 375 Merrimack Street Lowell, MA 01852-5909 978-970-4050 Fax: 978-453-1510 Email: MSheehy@lowellma.gov
TERMINATED: 04/02/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judge Judith G. Dein
Mediator
TERMINATED: 06/18/2013

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-01-30 1 0 COMPLAINT against All Defendants Filing fee: $ 350, receipt number 0101-3781521 (Fee Status: Filing Fee paid), filed by Cindy Thach. (Attachments: # 1 Civil Cover Sheet, # 2 Local Category Form)(Friedman, Howard) (Entered: 01/30/2012) 2014-01-24 11:08:42 57950858cec571a93e75d0d02b3396eadb133c64
1 1 Civil Cover Sheet
1 2 Local Category Form
2012-01-30 2 0 NOTICE of Appearance by David Milton on behalf of Cindy Thach (Milton, David) (Entered: 01/30/2012)
2012-01-30 3 0 Summons Issued as to Stephen Ciavola, City of Lowell. 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. (Johnson, Jay) (Entered: 01/30/2012)
2012-02-06 4 0 WAIVER OF SERVICE Returned Executed by Cindy Thach. Stephen Ciavola waiver sent on 1/30/2012, answer due 3/30/2012. (Milton, David) (Entered: 02/06/2012)
2012-02-17 5 0 WAIVER OF SERVICE Returned Executed by Cindy Thach. City of Lowell waiver sent on 1/30/2012, answer due 3/30/2012. (Milton, David) (Entered: 02/17/2012)
2012-03-07 6 0 NOTICE of Appearance by Douglas I. Louison on behalf of Stephen Ciavola (Louison, Douglas) (Entered: 03/07/2012)
2012-03-07 7 0 NOTICE of Appearance by Joseph A. Padolsky on behalf of Stephen Ciavola (Padolsky, Joseph) (Entered: 03/07/2012)
2012-03-30 8 0 NOTICE of Appearance by Kimberley A. McMahon on behalf of City of Lowell (McMahon, Kimberley) (Entered: 03/30/2012)
2012-03-30 9 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Lowell.(McMahon, Kimberley) (Entered: 03/30/2012)
2012-03-30 10 0 MEMORANDUM in Support re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Lowell. (McMahon, Kimberley) (Entered: 03/30/2012)
2012-03-30 11 0 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 10 Memorandum in Support of Motion, 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kimberley A. McMahon on behalf of City of Lowell. (McMahon, Kimberley) (Entered: 03/30/2012)
2012-03-30 12 0 NOTICE of Appearance by Maria Sheehy on behalf of City of Lowell (Sheehy, Maria) (Entered: 03/30/2012)
2012-03-30 13 0 ANSWER to 1 Complaint with Jury Demand by Stephen Ciavola.(Padolsky, Joseph) (Entered: 03/30/2012)
2012-04-11 14 0 Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cindy Thach. (Milton, David) (Entered: 04/11/2012)
2013-03-18 15 0 Judge Mark L. Wolf: ORDER entered denying 9 Motion to Dismiss for Failure to State a Claim It is hereby ORDERED that: 1. Essentially for the reasons stated in plaintiff Cindy Thach's Opposition to Defendant City of Lowell's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12 (b) (6) (Docket No. 14), the City's Motion to Dismiss (Docket No.9) is DENIED. 2. Defendant City of Lowell shall, by April 19, 2013, answer the Complaint. 3. A Scheduling Conference shall be held on April 29, 2013, at 4:00 p.m. The parties shall comply with the attached Order concerning that conference. (Attachments: # 1 Scheduling Order) (Hohler, Daniel) (Attachment 1 replaced on 3/18/2013) (Hohler, Daniel). (Entered: 03/18/2013)
2013-03-18 16 0 ELECTRONIC NOTICE of Hearing. Scheduling Conference set for 4/29/2013 04:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Hohler, Daniel) (Entered: 03/18/2013)
2013-04-02 17 0 NOTICE of Withdrawal of Appearance by Maria Sheehy (Sheehy, Maria) (Entered: 04/02/2013)
2013-04-19 18 0 ANSWER to 1 Complaint with Jury Demand by City of Lowell.(McMahon, Kimberley) (Entered: 04/19/2013)
2013-04-22 19 0 JOINT STATEMENT re scheduling conference . (Milton, David) (Entered: 04/22/2013)
2013-04-22 20 0 CONSENT by all parties to Jurisdiction by US Magistrate Judge by Cindy Thach.. (Milton, David) (Main Document 20 replaced on 4/24/2013) (MacDonald, Gail). (Entered: 04/22/2013)
2013-04-22 21 0 CERTIFICATION pursuant to Local Rule 16.1 by. (McMahon, Kimberley) (Entered: 04/22/2013)
2013-04-23 22 0 ELECTRONIC NOTICE Canceling Hearing. Scheduling Conference previously set for 04/29/2013 is hereby CANCELED. No new hearing date has been set. (Hohler, Daniel) (Entered: 04/23/2013)
2013-04-23 23 0 Judge Mark L. Wolf: ORDER entered. ORDER entered: Case reassigned to Ch. Magistrate Judge Leo T. Sorokin. for all purposes, including trial and entry of final judgment. Judge Mark L. Wolf no longer assigned to the case.(Hohler, Daniel) (Entered: 04/23/2013)
2013-04-24 24 0 Ch. Magistrate Judge Leo T. Sorokin: ORDER entered. REFERRING CASE to Alternative Dispute Resolution prior to July 1,2013.(Simeone, Maria) (Entered: 04/24/2013)
2013-04-24 25 0 Ch. Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court hereby adopts the schedule proposed by the parties in docket #19 as governing scheduling order. As the parties requested, this matter is referred for mediation prior to July 1, 2013, and all discovery is STAYED until that date. The parties shall file a joint status report either on June 30, 2013 or within seven days after the conclusion of the mediation process, whichever is earlier. The Court will resolve the parties' disagreement over the number of admissions and the number of Rule 30(b)(6) depositions when the stay lifts. In light of the parties' report, there is no apparent reason to hold a scheduling conference at this time, however, the Court will convene either a status conference or the Rule 16 conference now if the parties' believe such a proceeding useful.( Status Report due by 6/30/2013 or 7 days after mediation)(Simeone, Maria) (Entered: 04/24/2013)
2013-04-29 26 0 Notice of assignment to ADR Provider. Judge Judith G. Dein appointed.(Garvin, Brendan) (Entered: 04/29/2013)
2013-04-29 27 0 ELECTRONIC NOTICE OF AND ORDER REGARDING ADR CONFERENCE: Mediation before Magistrate Judge Dein set for Tuesday, June 18, 2013, at 10:00AM in Courtroom #15 on the 5th Floor. Counsel are directed to be present with their clients or representatives thereof with full settlement authority. No later than three business days before the conference, each party shall submit (by mail or hand delivery addressed to Judge Dein, or by email to Jolyne_Dambrosio@mad.uscourts.gov) a brief memorandum marked "Confidential - Not for Docketing" addressing the party's position on the merits of the case and on settlement. If you believe the case is not ripe for mediation at this time, please notify opposing counsel and the court as soon as possible. (Dambrosio, Jolyne) (Entered: 04/29/2013)
2013-05-07 28 0 CERTIFICATION pursuant to Local Rule 16.1 by Stephen Ciavola.(Padolsky, Joseph) (Entered: 05/07/2013)
2013-05-07 29 0 NOTICE of Withdrawal of Appearance by Kimberley A. McMahon (McMahon, Kimberley) (Entered: 05/07/2013)
2013-05-07 30 0 NOTICE of Appearance by Kerry Maddox Regan on behalf of City of Lowell (Regan, Kerry) (Entered: 05/07/2013)
2013-05-07 31 0 NOTICE of Appearance by Gina M. Atwood on behalf of City of Lowell (Atwood, Gina) (Entered: 05/07/2013)
2013-06-18 32 0 ELECTRONIC REPORT OF ADR PROVIDER. Magistrate Judge Dein: On June 18, 2013, I conducted a mediation in this case. All parties were represented by counsel, and were present in person, by telephone or by authorized corporate officer. The case was settled. Your clerk should enter a 45-day order of dismissal. (Dambrosio, Jolyne) (Entered: 06/18/2013)
2013-07-23 33 0 Ch. Magistrate Judge Leo T. Sorokin: ORDER entered. 45 SETTLEMENT ORDER OF DISMISSAL (Simeone, Maria) (Entered: 07/23/2013)