CM/ECF - USDC Massachusetts - Version 4.1.1 as of 03/20/2010 https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.pl?7076898034801...

CASREF

United States District Court

District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:10-cv-30145-RGS

Hatch v. Trail King Industries, Inc. et al Date Filed: 07/12/2010

Assigned to: Judge Richard G. Stearns Jury Demand: Plaintiff
Referred to: Magistrate Judge Kenneth P. Neiman Nature of Suit: 360 P.I.: Other
Demand: $7,000,000 Jurisdiction: Diversity
related Case: 1:07-cv-12005-RGS
Case in other court: Hampden Superior Court, 10-00572
Cause: 28:1441 Petition for Removal- Personal Injury
Plaintiff
Dean F. Hatch represented by J. Michael Conley
Kenney & Conley, P.C.
100 Grandview Road
Suite 218
P.O. Box 9139
Braintree, MA 02184
781-848-9891
Fax: 781-843-4216
Email: michael@kenneyconley.com
ATTORNEY TO BE NOTICED

Plaintiff
Mary L. Hatch represented by J. Michael Conley
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
Trail King Industries, Inc. represented by Myles W. McDonough
Sloane & Walsh, LLP
Three Center Plaza
Boston, MA 02108
617-523-6010
Fax: 617-227-0927
Email: jrusso@sloanewalsh.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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Defendant
Ace American Insurance Company represented by George C. Rockas
Wilson, Elser, Moskowitz, Edelman &
Dicker, LLP
260 Franklin Street
14th Floor
Boston, MA 02110-3112
617-422-5300
Fax: 617-423-6917
Email: george.rockas@wilsonelser.com
ATTORNEY TO BE NOTICED

Peri B. Karger
Wilson Elser Moskowitz Edelman &
Dicker, LLP
260 Franklin St.
14th Floor
Boston, MA 02110-3112
617-422-5300
Fax: 617-423-6917
Email: peri.karger@wilsonelser.com
ATTORNEY TO BE NOTICED

Defendant
Illinois National Insurance Co. represented by Eric B Hermanson
Edwards Angell Palmer & Dodge LLP -
MA
111 Huntington Avenue
Boston, MA 02199
617-239-0100
Email: ehermanson@eapdlaw.com
ATTORNEY TO BE NOTICED

Mary P. Cormier
Edwards Angell Palmer & Dodge LLP
111 Huntington Avenue
Boston, MA 02119
617-239-0100
Fax: 617-439-4170
Email: mcormier@edwardsangell.com
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

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07/12/2010 1 NOTICE OF REMOVAL by Ace American Insurance Company, Illinois

National Insurance Co., Trail King Industries, Inc. from Hampden Superior
Court, case number HSCV2010-00572. ( Filing fee: $ 350, receipt number
0101-2981527 Fee Status: Filing Fee paid) (Attachments: # 1 Exhibit, # 2
Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet)(McDonough, Myles)
(Attachment 5 replaced on 7/13/2010) (Finn, Mary). (Entered: 07/12/2010)
07/13/2010 Case Assigned to Judge Michael A Ponsor. Counsel are directed to the Court's
Standing Orders re: Electronic Case Filing. Consent Form and cert. copy of
notice of removal mailed to counsel. (Finn, Mary) (Entered: 07/13/2010)
07/14/2010 2 MOTION to Dismiss, MOTION to Transfer Case to Boston; or in the
Alternative MOTION to stay litigation.( Responses due by 7/28/2010) by Trail
King Industries, Inc.. (McDonough, Myles). Added MOTION to Stay on
7/14/2010 (Finn, Mary). (Main Document 2 replaced on 7/14/2010) (Finn,
Mary). (Entered: 07/14/2010)
07/14/2010 Notice of correction to docket made by Court staff. Correction: Document 2
Deft. Trail King Industries, Inc's motion to transfer venue, motion to dismiss and
motion to stay corrected because: To add the relief MOTION to stay. When the
motion was originally docketed it contained two reliefs - motion to transfer
venue and motion to dismiss. The memorandum that was part of the motion was
separated and docketed individually and the exhibits were added. Memorandum
in support of any document should be docketed separately, not attached to the
document they are supporting. (Finn, Mary) (Entered: 07/14/2010)
07/14/2010 3 MEMORANDUM in Support re 2 MOTION to Dismiss MOTION to Transfer
Case to Boston MOTION to Stay filed by Trail King Industries, Inc..
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Finn, Mary)
(Entered: 07/14/2010)
07/15/2010 4 NOTICE of Appearance by Peri B. Karger on behalf of Ace American Insurance
Company (Karger, Peri) (Entered: 07/15/2010)
07/15/2010 5 Assented to MOTION for Extension of Time to July 30, 2010 to Respond to the
Complaint by Ace American Insurance Company.(Karger, Peri) (Entered:
07/15/2010)
07/15/2010 Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 5 Motion for
Extension of Time to Answer Ace American Insurance Company answer due
7/30/2010. (Finn, Mary) (Entered: 07/15/2010)
07/19/2010 6 Assented to MOTION for Extension of Time to August 6, 2010 to File
Response/Reply to the Complaint by Illinois National Insurance Co..(Cormier,
Mary) (Entered: 07/19/2010)
07/20/2010 Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 6 Motion for
Extension of Time to Answer Illinois National Insurance Co.- Answer due
8/6/2010. (Finn, Mary) (Entered: 07/20/2010)

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07/21/2010 7 SUMMONS Returned Executed (Conley, J.) (Entered: 07/21/2010)

07/21/2010 8 SUMMONS Returned Executed (Conley, J.) (Entered: 07/21/2010)
07/21/2010 9 SUMMONS Returned Executed Trail King Industries, Inc. served on 6/25/2010,
answer due 7/16/2010. (Conley, J.) (Main Document 9 replaced on 7/21/2010)
(Finn, Mary). (Entered: 07/21/2010)
07/21/2010 Notice of correction to docket made by Court staff. Correction: Document 9 -
Return of service corrected because: To correct the first page to make it upright
and not upside down. (Finn, Mary) (Entered: 07/21/2010)
07/28/2010 10 Opposition re 2 MOTION to Dismiss MOTION to Transfer Case to Boston.
MOTION to Stay filed by Dean F. Hatch, Mary L. Hatch. (Conley, J.) Modified
on 7/29/2010 (Finn, Mary). (Entered: 07/28/2010)
07/28/2010 11 MEMORANDUM OF LAW by Dean F. Hatch, Mary L. Hatch to 10 Opposition
to Motion. (Attachments: # 1 Exhibit 1)(Finn, Mary) (Entered: 07/29/2010)
07/29/2010 Notice of correction to docket made by Court staff. Correction: Document 10
opposition to Deft. Trail King's motion to dismiss or stay. corrected because: To
delete the memorandum that was an attachment and to re-docket it individually.
Memorandum in support of any document should be docketed separately, not
attached to the document it is supporting. (Finn, Mary) (Entered: 07/29/2010)
07/29/2010 12 MOTION to Transfer Case to Boston Division of the District of Massachusetts.
by Illinois National Insurance Co..(Hermanson, Eric) (Entered: 07/29/2010)
07/29/2010 13 MOTION to Dismiss Plaintiffs' Complaint, Or In The Alternative MOTION to
Stay Plaintiffs' Chapter 93A Claim by Ace American Insurance Company.
(Karger, Peri). Added MOTION to Stay on 7/30/2010. (Finn, Mary). (Entered:
07/29/2010)
07/29/2010 14 MEMORANDUM in Support re 13 MOTION to Dismiss Plaintiffs' Complaint,
Or In The Alternative MOTION to Stay Plaintiffs' Chapter 93A Claim filed by
Ace American Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit G, # 7 Exhibit I)(Karger,
Peri) (Entered: 07/29/2010)
07/29/2010 15 EXHIBIT re 14 Memorandum in Support of Motion, by Ace American
Insurance Company. (Attachments: # 1 Exhibit F1, # 2 Exhibit F2, # 3 Exhibit
F3)(Karger, Peri) (Entered: 07/29/2010)
07/29/2010 16 EXHIBIT re 14 Memorandum in Support of Motion, by Ace American
Insurance Company. (Attachments: # 1 Exhibit H1, # 2 Exhibit H2, # 3 Exhibit
H3)(Karger, Peri) (Entered: 07/29/2010)
07/30/2010 Notice of correction to docket made by Court staff. Correction: Document 13 -
Motion to dismiss. corrected because: To add an additional relief - MOTION to
stay due to the motion contain two reliefs - MOTION to dismiss and MOTION

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to stay. (Finn, Mary) (Entered: 07/30/2010)

07/30/2010 ELECTRONIC NOTICE issued requesting courtesy copy for 16 Exhibit, 15
Exhibit. Counsel who filed this document are requested to submit a courtesy
copy of this document (or documents) to the Clerk's Office by 8/4/2010. These
documents must be clearly marked as a Courtesy Copy and reflect the
document number assigned by CM/ECF. (Finn, Mary) (Entered: 07/30/2010)
07/30/2010 Judge Michael A Ponsor: ELECTRONIC ORDER entered. REFERRING CASE
to Magistrate Judge Kenneth P. Neiman Referred for: Report and
Recommendation Motions referred: 2 MOTION to Dismiss MOTION to
Transfer Case to Boston. MOTION to Stay, 13 MOTION to Dismiss Plaintiffs'
Complaint, Or In The Alternative, Stay Plaintiffs' Chapter 93A Claim MOTION
to Stay, 12 MOTION to Transfer Case to Boston Division of the District of
Massachusetts. (Pelegano, Theresa) (Entered: 07/30/2010)
08/02/2010 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting
2 Defendant Trail King Industries, Inc's Motion, to the extent it seeks transfer of
this matter to the Eastern Division of this District, as well as 12 Defendant
Illinois National Insurance Company's Motion to Transfer Case. The motions
are allowed because it appears, at a minimum, that the instant matter is related to
an action previously filed and ongoing in the Eastern Division, Hatch v. Trail
King Industries, Inc., Civil Action No. 07-12005-RGS. Although the present
matter includes two additional defendants, it otherwise involves the same event,
the same parties and similar claims. See Local Rule 40.1(G) (related civil
actions). To be sure, Plaintiffs appear to oppose the transfer, despite the fact that
Trail King Industries indicates in the caption of its motion that it is "unopposed"
insofar as transfer is concerned, but Plaintiffs' opposition proposes a resolution
which the court deems too convoluted to be addressed at this time.(See
Plaintiffs' Memorandum in Opposition (Document No. 11) at page 3, note 3.)
The better approach, in the court's estimation, is to have the entire matter
redrawn to Judge Stearns for his consideration, including the remaining relef
sought by Defendants, namely, dismisssal or, in the alternative, a stay. (See
additional relief sought in Document No. 2 (by Trail King Industries),
Document No. 12 (by Illinois National Insurance Company) and Document No.
13 (by Ace American Insurance Company). So ordered. (Neiman, Kenneth)
(Entered: 08/02/2010)
08/03/2010 Case transferred to Eastern Division (Boston) per order of Magistrate Judge
Kenneth Neiman entered on 8/2/10. Case is related to CA 07-12005-RGS.
(Stuckenbruck, John) (Entered: 08/03/2010)
08/03/2010 Case transferred in from Western Division (Springfield) on 8/3/10 Case Number
3:10-cv-30145. Case assigned to Judge Richard G. Stearns. 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 Leo T. Sorokin (Cummings,
Mary) (Entered: 08/03/2010)

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