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Foxworth v Maloney Ma Case Summary 2007

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03/0712007
12:21 PM

Commonwealth of Massachusetts
SUFFOLK SUPERIOR COURT
Case Summary
Civil Docket

SUCV2003-Q0895
F=0.x~ort~, W~2274

..
File Date

02125/2003

et al

V Ma.~oney,

Comr Dept~~rrectionsetal
------

Status

Disposed: appeal pending (dappen)

Status Date 12104/2006

Session

E - Civil E, 3 Pemberton Sq, Boston

Origin

1 • Complaint

Case Type

E96 - Prisoner Cases

Track

F - Fast track

Lead Case

Jury Trial
.......

Yes

_--_..-. - - - - - -

,
- - - - - - - - - ---

PARTIES

Plaintiff
Robert Fo~orth,W52274
MCI Cedar Junction
PO Box 100
South Walpole, MA 02071
Active (prisoner) 03/12/2003 Notify

======--==--=-=-=='-=~~.=.-.=----~.-=-=.
__:::-::-_..~---_.-_.. _.-~:: '-': .. ---

~=====

, Plaintiff
Craig Hood, W58826
Old Colony Correctional Center
One Administration Road
Bridgewater, MA 02324
Active (prisoner) 03/1212003 Notify

Plaintiff
, Tony Gaskins, W52145
MCI Cedar Junction
. PO Box 100
, South Walpole, MA 02071
Active (prisoner) 03/12/2003 Notify

Plaintiff
Michael Adessa, W69458
MCI Cedar Junction
PO Box 100
South Walpole, MA 02071
Active (prisoner) 03/1212003 Notify

case01 225927 Y YYYYY

Page 1 of 12

I

Commonwealth of Massachusetts
SUFFOLK SUPERIOR COURT
Case Summary
Civil Docket

03/0712007
12:21 PM

SUCV2003·00895

__ ~!,worth,_W~~2?74 at al v MaloneY,J~Qmr: Dap-t COIT~~tioos~t.aJ
Plaintiff
. Dornell Wigfall, W47068
PO Box 100
South Walpole, MA 02071
Active (prisoner) 03/1212003 Notify

Plaintiff
. Charles Thore, W87140
i MCI Concord
i PO Box 9106
Concord, MA 01742
Active (prisoner) 03/12/2003 Notify

Defendant
Michael T Maloney, Comr Dept Corrections
Served: 04/11/2003
Answered: 01/29/2004
Answered 01/29/2004

Private Counsel 600093
Julie E Daniele
Mass Corrections Dept
70 Franklin Street
Suite 600 Legal Division
Boston, MA 02110-1300
Phone: 617·727·3300
Fax: 617-727-7403
Active 04/30/2003 Notify
Private Counsel 541852
James R Pingeon
Mass Correctional Legal Services
8 Winter Street
11th floor
Boston, MA 02108
Phone: 617-482-2773
Fax: 617·451·6383
Active 01/06/2006 Notify

Defendant
Peter Allen, Supt MCI-Cedar Junction
Served: 04/11/2003
Answered: 01/29/2004
Answered 01/29/2004

case01 225927 Y y y YY Y

Private Counsel 600093
Julie E Daniele
Mass Corrections Dept
70 Franklin Street
Suite 600 Legal Division
Boston, MA 02110-1300
Phone: 617-727-3300
Fax: 617-727·7403
Active 04/30/2003 Notify

Page 2 of 12

03/07/2007

Commonwealth of Massachusetts
SUFFOLK SUPERIOR COURT

12:21 PM

Case Summary
Civil Docket

SUCV2003·00895
£OXWOrthLW5~274.et 81 V M81onttY, C~rnr Dep~Co.rrections et~
i

Defendant
John Luongo, Deputy Supt MCI-Cedar Junction
Served: 04/17/2003
Answered: 01129/2004
Answered 01/29/2004

••• See Attorney Information Above •••

Defendant
Mellisa Coache
Served: 04/17/2003
Answered: 01/29/2004
Answered 0112912004

••• See Attorney Information Above •••

,
. - - - - - - - - - --_. - - - - ---------;E;;;;;N:;;;T==R=IES
L _ ._ _
<0"._'. .

Date

02125/2003

Paper
1.0

•__ .

-=:.c~==--

_

. Text
Affidavit of indigency of Robert Foxworth and Request for Waiver,
substitution or state payment of fees & costs, filing fee, service

i

fees. TRO fee. if any, allowed subject to review by Judge (IMPOUNDED)

,02125/2003
0212512003

Origin 1, Type E96, Track F.
2.0

Affidavit of indigency of Craig Hood and Request for Waiver,
substitution or state payment of fees & costs, filing fee, service
fees. TRO fee, if any, allowed subject to review by Judge (IMPOUNDED)

02125/2003

3.0

Affidavit of indigency of Tony Gaskins and Request for Waiver,
substitution or state payment of fees & costs, filing fee, service
fees, TRO fee, if any, allowed subject to review by Judge (I MOUNDED)

02125/2003

4.0

Affidavit of indigency of Micheal Addessa and Request for Waiver,
substitution or state payment of fees & costs, filing fee, service
fees, TRO fee, if any,:allowed subject to review by Judge (IMPOUNDED)

02125/2003

5.0

Affidavit of indigency of Darnell Wigfall and Request for Waiver,
substitution or state payment of fees & costs, filing fee, service
fees, TRO fee, if any, allowed subject to review by Judge (IMPOUNDED)

02125/2003

6.0

Affidavit of indigency of Charles Thore and Request for Waiver.
substitution or state payment of fees & costs, filing fee, service
fees, TRO fee, if any, allowed subject to review by Judge (IMPOUNDED)

02/25/2003
0212512003
,03124/2003

7.0

Complaint filed with request for trial by jury

8.0

Civil action cover sheet filed

9.0

ORDER PURSUANT TO M.G.L. C261 S 29 -- The Department of Corrections
is ORDERED to produce to the Suffolk Superior Court a statement of
the inmate account for ROBERT FOXWORTH who is housed in the MCI CEDAR
JUNCTION, PO BOX 100, SOUTH WALPOLE, MA. 02071. The statement to be
produced shall be for the 6 month period prior to the date of this
order. The statement is to be mailed to: Suffolk Superior Court.
Prisoner Department, 90 Devonshire Street, Boston. Ma. 02109. Service
is to be made upon defendant(s) by means of certified mail by
plaintiff(s). A copy of the complaint is to be sent to the Office of

case01 225927 y Y Y Y Y Y

Page 3 of 12

Commonwealth of Massachusetts
SUFFOLK SUPERIOR COURT
Case Summary
Civil Docket

~_~OXvv9rth,_W52274et
Date

Paper
9.0

03/24/2003

10.0

03/07/2007
12:21 PM

SUCV2003·00895
al V Mal()fI~Y, Comr Da~t Cor.!E!ctions at al

Text
the Attorney General or the Department of Corrections by the
Plaintiff. (White. Justice) (Dated 03/21/2003) Notice Sent 03/24/2003.
ORDER PURSUANT TO M.G.L. C261 S 29 -- The Department of Corrections
is ORDERED to produce to the Suffolk Superior Court a statement of
the inmate account for TONY GASKINS who is housed in the MCI CEDAR
JUNCTION, PO BOX 100. SOUTH WALPOLE, MA. 02071. The statement to be
produced shall be for the 6 month period prior to the date of this
order. The statement is to be mailed to: Suffolk Superior Court,
Prisoner Department, 90 Devonshire Street, Boston, Ma. 02109. Service
is to be made upon defendant(s) by means of certified mail by
plaintiff(s). A copy of the complaint is to be sent to the Office of
the Attorney General or the Department of Corrections by the
Plaintiff. (White. Justice) (Dated 03/2112003) Notice Sent 03/24/2003.

03/24/2003

11.0

ORDER PURSUANT TO M.G.L. C261 S 29 - The Department of Corrections
is ORDERED to produce to the Suffolk Superior Court a statement of
the inmate account for CRAIG HOOD who is housed in the MCI CEDAR
JUNCTION, PO BOX 100, SOUTH WALPOLE, MA. 02071. The statement to be
produced shall be for the 6 month period prior to the date of this
order. The statement is to be mailed to: Suffolk Superior Court,
Prisoner Department, 90 Devonshire Street, Boston, Ma. 02109. Service
is to be made upon defendant(s) by means of certified mail by
plaintiff(s). A copy of the complaint is to be sent to the Office of

03/24/2003

12.0

the Attorney General or the Department of Corrections by the
Plaintiff. (White, Justice) (Dated 03/21/2003) Notice Sent 03/24/2003.
ORDER PURSUANT TO M.G.L. C261 S 29 - The Department of Corrections
is ORDERED to produce to the Suffolk Superior Court a statement of
the inmate account for MICHAEL ADDESSA who is housed in the MCI CEDAR
JUNCTION, PO BOX 100, SOUTH WALPOLE, MA. 02071. The statement to be
produced shall be for the 6 month period prior to the date of this
order. The statement is to be mailed to: Suffolk Superior Court,
Prisoner Department, 90 Devonshire Street, Boston. Ma. 02109. Service
is to be made upon defendant(s) by means of certified mail by
plaintiff(s). A copy of the complaint is to be sent to the Office of
the Attorney General or the Department of Corrections by the
Plaintiff. (White. Justice) (Dated 03/21/2003) Notice Sent 03/24/2003.

.03/24/2003

13.0

!

case01 225927 YYYYYY

ORDER PURSUANT TO M.G.L. C261 S 29·· The Department of Corrections
is ORDERED to produce to the Suffolk Superior Court a statement of
the inmate account for CHARLES THORE who is housed in the MCI CEDAR
JUNCTION, PO BOX 100, SOUTH WALPOLE, MA. 02071. The statement to be
produced shall be for the 6 month period prior to the date of this
order. The statement is to be mailed to: Suffolk Superior Court.
Prisoner Department. 90 Devonshire Street, Boston. Ma. 02109. Service
is to be made upon defendant(s) by means of certified mail by
plaintiff(s). A copy of the complaint is to be sent to the Office of
the Attomey General or the Department of Corrections by the
Plaintiff. (White, Justice) (Dated 03/21/2003) Notice Sent 03/24/2003.
Page 4 of 12

03/07/2007

Commonwealth of Massachusetts
SUFFOLK SUPERIOR COURT
Case Summary
Civil Docket

SUCV2003·00895
Foxworth,_W52274 et at v MatoneY,-Comr..p~~! CQrrections
Date
I
03/24/2003

Paper
14.0

12:21 PM

e1.~L

Text
ORDER PURSUANT TO M.G.L. C261 S 29 -- The Department of Corrections
is ORDERED to produce to the Suffolk Superior Court a statement of
the inmate account for DORNELL WIGFALL who is housed in the MCI CEDAR
JUNCTION, PO BOX 100, SOUTH WALPOLE, MA. 02071. The statement to be
produced shall be for the 6 month period prior to the date of this
order. The statement is to be mailed to: Suffolk Superior Court,
Prisoner Department, 90 Devonshire Street, Boston, Ma. 02109. Service
is to be made upon defendant(s) by means of certified mail by
plaintiff(s). A copy of the complaint is to be sent to the Office of
the Attomey General or the Department of COrrections by the
Plaintiff. (White, Justice) (Dated 03/21/2003) Notice Sent 03/24/2003.

04/2212003

15.0

SERVICE RETURNED: Peter Allen, Supt MCI-Cedar Junction(Defendant)
certified mail on 4/11/03)

04/22/2003

16.0

04/2212003

17.0

SERVICE RETURNED: Michael T Maloney, Comr Dept Corrections(Defendant)
(certified mail 4/11/03)
SERVICE RETURNED: John Luongo, Deputy Supt MCI-Cedar
Junction(Defendant)

'04/2212003

18.0

(certified mail on 4/17/03)

SERVICE RETURNED: Mellisa Coache(Defendant) (certified mail on
4/17/03)

I

04/29/2003
I

19.0

05/07/2003

20.0

Motion of defts to enlarge time for filing response to complaint to &
incl May 30, 2003 (w/o opposition)
FURTHER ORDER RELATIVE TO PLAINTIFF'S INDIGENCY When the above
entitled matter was filed, the court entered an order conditionally
allowing the plaintiffs Motion to proceed in forma pauperis. The
plaintiff Robert Foxworth was directed to file with the Court a copy
of his canteen account for the past six months to confirm his
indigency. Based upon the plaintiffs canteen account statement which
has been filed with the court, the court finds that the plaintiff is
able to afford a filing fee in the amount of $70.00 without depriving
himself of the necessities of life. Unless this amount is paid by
06/05/2003, BY SENDING A CHECK OR MONEY ORDER payable to the SUFFOLK
COUNTY SUPERIOR COURT CLERK FOR CIVIL BUSINESS, a judgement shall
enter dismissing this action without prejudice. (White, Justice)
(dated 05/06/2003) Notice Sent 05/07/2003.

05/07/2003

21.0

FURTHER ORDER RELATIVE TO PLAINTIFF'S INDIGENCY When the above
entitled matter was filed, the court entered an order conditionally
allowing the plaintiffs Motion to proceed in forma pauperis. The
plaintiff Craig Hood was directed to file with the COurt a copy of
his canteen account for the past six months to confirm his indigency.
Based upon the plaintiffs canteen account statement which has been
filed with the court, the court finds that the plaintiff is able to
afford a filing fee in the amount of $70.00 without depriving himself
of the necessities of life. Unless this amount is paid by 06/05/2003,
BY SENDING A CHECK OR MONEY ORDER payable to the SUFFOLK COUNTY
SUPERIOR COURT CLERK FOR CIVIL BUSINESS, a judgement shall enter
dismissing this action without prejudice. (White, Justice) (dated

case01 225927 YYYYYY

Page 5 of 12

03/07/2007
12:21 PM

Commonwealth of Massach usetts
SUFFOLK SUPERIOR COURT
Case Summary
Civil Docket

SUCV2003-00895
_Foxworth, W52274 et ~I V Malon_~}', Comr_Dept CQrrections
Date
05/07/2003

Paper
21.0
22.0

I

05/07/2003

23.0

05/07/2003

24.0

05/07/2003

25.0

case01 225927 Y YY Y Y Y

__

et~!
Text
05/06/2003) Notice Sent 05/07/2003.
FURTHER ORDER RELATIVE TO PLAINTIFF'S INDIGENCY When the above
entitled matter was filed, the court entered an order conditionally
allowing the plaintiffs Motion to proceed in forma pauperis. The
plaintiff Tony Gaskins was directed to file with the Court a copy of
his canteen account for the past six months to confirm his indigency.
Based upon the plaintiffs canteen account statement which has been
filed with the court, the court finds that the plaintiff is able to
afford a filing fee in the amount of $55.00 without depriving himself
of the necessities of life. Unless this amount is paid by 06/05/2003,
BY SENDING A CHECK OR MONEY ORDER payable to the SUFFOLK COUNTY
SUPERIOR COURT CLERK FOR CIVIL BUSINESS, a judgement shall enter
dismissing this action without prejudice. (White. Justice) (dated
05/06/2003) Notice Sent 05/07/2003.
FURTHER ORDER RELATIVE TO PLAINTIFF'S INDIGENCY When the above
entitled matter was filed. the court entered an order conditionally
allowing the plaintiffs Motion to proceed in forma pauperis. The
plaintiff Michael Adessa was directed to file with the Court a copy
of his canteen account for the past six months to confirm his
indigency. Based upon the plaintiffs canteen account statement which
has been filed with the court, the court finds that the plaintiff is
able to afford a filing fee in the amount of $25.00 without depriving
himself of the necessities of life. Unless this amount is paid by
06/05/2003, BY SENDING A CHECK OR MONEY ORDER payable to the SUFFOLK
COUNTY SUPERIOR COURT CLERK FOR CIVIL BUSINESS, a judgement shall
enter dismissing this action without prejudice. (White, Justice)
(dated 05/06/2003) Notice Sent 05/07/2003.
FURTHER ORDER RELATIVE TO PLAINTIFF'S INDIGENCY When the above
entitled matter was filed, the court entered an order conditionally
allowing the plaintiffs Motion to proceed in forma pauperis. The
plaintiff Dornell Wigfall was directed to file with the Court a copy
of his canteen account for the past six months to confirm his
indigency. Based upon the plaintiffs canteen account statement which
has been filed with the court, the court finds that the plaintiff is
able to afford a filing fee in the amount of $25.00 without depriving
himself of the necessities of life. Unless this amount is paid by
06/05/2003. BY SENDING A CHECK OR MONEY ORDER payable to the SUFFOLK
COUNTY SUPERIOR COURT CLERK FOR CIVIL BUSINESS, a judgement shall
enter dismissing this action without prejudice. (White. Justice)
(dated 05/0612003) Notice Sent 05/0712003.
FURTHER ORDER RELATIVE TO PLAINTIFF'S INDIGENCY When the above
entitled matter was filed. the court entered an order conditionally
allowing the plaintiffs Motion to proceed in forma pauperis. The
plaintiff Charles Thore was directed to file with the Court a copy of
his canteen account for the past six months to confirm his indigency.
Based upon the plaintiffs canteen account statement which has been

Page 6 of 12

Commonwealth of Massachusetts
SUFFOLK SUPERIOR COURT

03/07/2007
12:21 PM

Case Summary
Civil Docket

SUCV2003-Q0895
~ _Foxwortb,W5227.4~! ~I V Mal()n~y-,Comr D~p-t ~()rrection~t~ .

~~

Date

Paper
25.0

Text
filed with the court, the court finds that the plaintiff is able to
attord a filing fee in the amount of $15.00 without depriving himself
of the necessities of life. Unless this amount is paid by 07/07/2003,
BY SENDING A CHECK OR MONEY ORDER payable to the SUFFOLK COUNTY
SUPERIOR COURT CLERK FOR CIVIL BUSINESS, a judgement shall enter
dismissing this action without prejudice. (White, Justice) Notice
Sent 06/04/2003.

05/07/2003

26.0

MOTION for appointment of counsel (filed 02/25/03) & Denied (dated
05/05/03) Notice sent 05/07/03

OS/20/2003

Filing fee for Tony Gaskins paid in the amount of $55.00 per the
Order of White, Justice (See P#22).

OS/27/2003

27.0

Defts further motion for enlargement of time to file answer to &
including (30) days

& Allowed (Ball,J) Notice Sent 5/23/03

(entered 5/22/03)
05/30/2003

Filing fee for Graig Hood paid in the amount of $70.00 per the Order
of White, Justice (See P#21).

06/03/2003

28.0

06/23/2003

Motion of pitt Robert Foxworth to enlarge time for payment of filing
fes from June 5, 2003 up until July 5, 2003 (30 days) (w/o opposition)

I

29.0

I

Further motion of defts for enlargement of time within which to file
a responsive pleading up to & incl thirty (30) days from the date the
final pitt pays any assessed fees or up to thirty (30) days from the
date pitts are required to pay such a filing fee (w/o opposition)

06/24/2003

30.0

Emergency motion re: retention of jurisdiction & trial assignment of

1

counterclaim (w/o opposition)
07/03/2003

MOTION (P#30) DENIED (Staffier,J) Notices mailed June 30,2003

07/08/2003

Filing fee for Robert Foxworth paid in the amount of $70.00 per the

07/08/2003

Filing fee for Michael Adessa paid in the amount of $25.00 per the

(entered 6/26/03)
Order of White. Justice (See P#20).
Order of White, Justice (See P#23).

07108/2003

Filing fee for Darnell Wigfall paid in the amount of $25.00 per the
Order of White, Justice (See P#24).
Filing fee for Charles Thore paid in the amount of $15.00 per the

07/08/2003

Order of White. Justice (See P#2S).
09/09/2003

31.0

Motion of pitts for preliminary injunction (w/o opposition)

09/09/2003

32.0

Affidavit of Robert Foxworth in support of motion for preliminary

09/16/2003

33.0

injunction
Opposition of defts Maloney, ALien. Luongo & Coache to plffs motion
for Preliminary Injunction

09/19/2003

34.0

Request to change data base information (Sikora,J) Rule 56 motion

110/14/2003

35.0

Plffs motion to supplement his preliminary injunctin in opposition

110/14/2003
11/12/2003

36.0

December 15,2003

Final PTC Feb 12,2004 Trial AprilS, 2004

of defts motion opposing preliminary injunction (w/o opposition)
Motion of pitt to compel discovery (w/o opposition)
MOTION (P#31) Motion for preliminary injunction DENIED;also it
appears that this action may be moot. Defendants are to file a motion
case01 225927 YYYy y Y

Page 7 of 12

03107/2007
12:21 PM

Commonwealth of Massachusetts
SUFFOLK SUPERIOR COURT
Case Summary
Civil Docket

SUCV2003·00895
Fo_xworttl, V(52274 e~ aJ V M~Ic:meY-,--C~f!lr Dep-t~~rrec~~o_n~E!!al
Date

Paper

_

Text
on that ground with notice to plaintiff (White, Justice)(dated

11/10103) Notices mailed November 12, 2003
11/1212003

MOTION (P#36) Without having what discovery is being sought, the
Court is unable to rule on this motion (White, Justice)(dated

11/14/2003

37.0

11110/03). Notices mailed November 12, 2003
Motion of plff Robert Foxworth to compel defts to turn over discovery
in this matter (w/o opposition)

11/18/2003

38.0

Motion of plff to compel defts to turn over ints admissions and
production of documents which the plff enclosed with the complaint
(w/o opposition)

12/31/2003

39.0

01/29/2004
02/02/2004
I
02/10/2004

40.0
41.0
42.0

02/10/2004

43.0

Motion of plff to extend time for plff to file a motion opposing
deft's request to dismiss or for summary judgement (w/o opposition)
Plffs motion for an order comkpelling defts to turn over discovery

44.0

ORDER RELATIVE TO DEFENDANT(S) MOTION TO DISMISS OR FOR SUMMARY

Plffs motion of stipulation that the pending civl matter is not moot
(w/o opposition)

Defts motion to dismiss or for summary judgment (w/o opposition)
Defts moton to stay discovery (w/o opposition)

in the pending matter (w/o opposition)

I

'02117/2004
,

JUDGMENT -- The Court is in receipt of defendanfs motion to dismiss
or for summary judgment. The Court grants the plaintiffs until

02/18/2004

45.0

.03/03/2004

46.0

03/1212004
03/1212004
04/08/2004
04/13/2004

47.0

04/13/2004

48.0

,

06/0212004
06/10/2004
08/25/2004

49.0

08/25/2004

50.0

04/02/2004 to file an opposition to this motion. (White, Justice)
Notice Sent 02/17/2004.
Plffs motion to enlarge time to file opposition to defts moiton to
dismiss or in the alternative for summary judgment (w/o opposition)
Cross motion of plff Robert Foxworth for summary judgment in
opposition to defts motion to dismiss, or in the alternative, for
summary judgment (w/o opposition)
MOTION (P#41) ALLOWED. (White, Justice) (dated 03/03/2004)
Notices mailed 03/12/2004.
MOTION (P#43) DENIED. (White, Justice) (dated 03/03/2004)
Notices mailed 03/12/2004.
Notice of Annual Civil Litigation Fee mailed to pro-se plaintiff
Robert Foxworth on April 8, 2004
Plaintiff Robert Foxworth motion to waive Annual Court Litigation Fee
(no opposition)
Affidavit of Robert Foxworth in support of his motion to waive annual
filing fees
MOTION (P#47) Plaintiff is ORDERED to pay a reduced fee of$35.00
(Fabricant, Justice) Notices mailed June 02,2004
Annual Civil Litigation fee in the sum of $35.00 paid by the
plaintiff on 6/1 0104
Motion of plaintiff for Writ of habeas Corpus Ad-Testificandum w/o
opposition
Motiion of plaintiff for Temproary Restraining Order and a
Preliminary injunction wlo opposition

case01 225927 YYYYYY

Page 8 of 12

Commonwealth of Massachusetts
SUFFOLK SUPERIOR COURT

03/07/2007
12:21 PM

Case Summary
Civil Docket

SUCV2003·00895
_f9xworth,.W52274 et~!--'! Maloney, Com.. Dept Corr~~tionsetal
Date
09/28/2004

Paper
51.0

,1110912004

--------",

Text
Pltrs motion for short notice hearing (w/o opposition)
Case status changed to 'Needs review for answers' at service deadline
review

11/10/2004
12/14/2004

Case status changed to 'Needs discovery' at answer deadline review
52.0

Motion of plff for leave of Court to file a supplemental motion for
TRO and preliminary injunction (w/o opposition)

12/24/2004

53.0

Plaintiff Tony Gaskins, W52145's Motion to compel a hearing on his
motion for TRO & Preliminary Injunction w/o opposition

12121/2005

54.0

Plaintiffs MOTION for leave of court to expand the record on their
Cross Motion for Summary Judgment wlo opposition

01/05/2006

55.0

Motion of Mass Correctional Legal Servivces for leave to file amicus
brief (w/o opposition)
MOTION (P#55) ALLOWED (Janet L. Sanders, Justice) (Dated 1/9/06)

01/12/2006

Notices mailed 1111/2006
01/13/2006

56.0

01/17/2006

57.0

Massachusetts Correctional Legal Services MOTION to enlarge time to
file Amicus Brief from January 13, 2006 to January 20, 2006 (w/o opp)
Defts motion to vacate plffs indigency status and to dismiss case
based upon fraud on the Court (w/o opposition)

b1117/2006

58.0

Defts motion to seal exhibits I and 2 in support of their motion to
vacate plffs indigency status and to dismiss case based upon fraud on
the court (w/o opposition)
MOTION (P#56) ALLOWED (Janet L. Sanders, Justice) Notices mailed

01/23/2006

1/2512006
01/24/2006

59.0

Opposition of Tony Gaskins to defts motion to vacate pltrs indigency
status and to dismiss case based upon fraud on the court

01/27/2006

60.0

Defts motion to file reply brief to "Memorandum of Amicus Curiae Mass
Correctional Legal Services in support of plffs cross-moton for
summary judgment

04/19/2006

61.0

MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS' MOTION TO DISMISS, OR
IN THE ALTERNATIVE FOR SUMMARY JUDGMENT, AND PLAINTIFFS' CROSS-MOTION
FOR SUMMARY JUDGMENT - ORDER For the foregoing reasons, it is
ORDERED that the plaintiffs' cross-motion for summary judgment be
allowed in part. It is FURTHER ORDERED that a status hearing be held
in this case to clarify the status of each plaintiff and to identify
the remaining live issues in the case, as well as, the manner in
which they will be addressed. (Margot Botsford, Justice) (entered

05/05/2006

62.0

05/11/2006

63.0

05/19/2006

64.0

06/06/2006

65.0

caseOl 225927 y y y y y y

04/14/2006) Notice Sent 04/19/2006
Plaintiffs' MOTION to Clarify the record as to the remaining live
issues pending within the cross motion for summary judgment, and that
was argued at the video conference hearing (w/o opp)
Plaintiff Robert Foxworth, W52274's MOTION for Assessment of Damages
(w/o opp)
Court received Notice from deft re: Memerandum of decision & Order
dated 4/19/06
Plaintitrs joint motion to find defendants in contempt (w/o
opposition)
Page 9 of 12

Commonwealth of Massachusetts
SUFFOLK SUPERIOR COURT
Case Summary
Civil Docket

SUCV2003-o0895

Date

Paper
76.0

_~ox~ortt1,
W~21l~~t ~Lv_IVI!Jlon~}',
Corrections
Text
.
. - Comr
. - . . Dept
- -._.. - - et
. - al
-.
~.

currently in effect, the defendant correctional officials are
required to permit an inmate assigned to a Special Management Unit
(SMU) on administrative segregation status (1) to have the personal
items specified in the regulation, including a television, and (2) to
order items from the canteen including food items, except insofar as
the institution's director of security specifically determines that a
particular canteen item or items would be a threat to the security of
the SMU; and The remaining claims of plffs are dismissed against
defts entered on docket pursuant to Mass R Civ P 58(a) and notice
sent to parties pursuant to Mass R Civ P 77(d)

11/29/2006

77.0

Plaintiff's motion to re-open action to resolve M.G.L. C. 231A sec 5
petition (w/o opposition)

12/04/2006

79.0

Plaintiff Robert Foxworth, W52274's notice of appeal

12/11/2006

Notice to Justice Margot Botsford of the filing of Notice of Appeal

1211112006

Notice of service of the filing of Notice of Appeal to: Craig Hood,
W58826; Tony Gaskins; Michael Adessa, W69458; Julie E Daniele,
Esquire, Mass Corrections Department; James P. Pingeon, Esquire

12/18/2006

80.0

Defendants' Opposition to Plaintiffs' "Motion to Reconsider their
Motion to find Defendants' in Contempt and to Compel Defendants' to
Comply with this Court's Order"

01/04/2007

81.0

Plaintiff Tony B. Gaskins, W52145's MOTION for leave of court to file

82.0

Saddig Palmer's MOTION to Intervene as plaintiff (w/o opp)

late notice of appeal (w/o opp)

01/1712007
01/2212007
01/23/2007

83.0

Eric J. Duarte's MOTION to Intervene as plaintiff (w/o opp)

84.0

Jack Beliard's motion to reopen action to resolve M.GLC. 231a sec 5

01/23/2007

85.0

01/23/2007

86.0

0112312007

87.0

petition as plaintiff wlo opp)
Plaintiff Robert Foxworth, W52274's MOTION for writ of habeas corpus
ad-testificandum (w/o opp)
Plaintiff Robert Foxworth, W52274's MOTION for a hearing (w/o opp)
Plaintiff Tony B. Gaskins motion for Temporary Restraining order and
for a Preliminary Injunction (w/o opp)

03/05/2007

88.0

Plaintiff Robert Foxworth, W52274's MOTION to waive filing fees to
appeal (w/o opp)

Date
06/11/2004
08/12/2005

12/05/2005

)4/26/2006

Result
Session
Event
Event held as scheduled
Civil D. 3 Pemberton Sq, Boston Status: Review Annual Fee
fee paid 6/11/04
Event canceled not re-scheduled
Civil E. 3 Pemberton Sq, Boston Motion/Hearing: Rule12 to Dismiss
This is a Video Conference. Be prepared to discuss any and all
outstanding issues
Civil E, 3 Pemberton Sq, Boston Motion/Hearing: Rule12 to Dismiss
Event held as scheduled
This is a Video Conference. Be prepared to discuss any and all
outstanding issues
Civil E. 3 Pemberton Sq, Boston Motion/Hearing: Rule12 to Dismiss
Event held as scheduled
Further hearing with Botsford. J This is a Video Conference. Be
__. pr~ar~(Lt<?.dLscus~.arl}/..and.a!Lout~~<1in~!lJes. .. _ _ __ _
_. ._._

ase01 225927 Y Y Y Y Y Y

031Q7120C
12:21 P

Commonwealth of Massachusetts
SUFFOLK SUPERIOR COURT
Case Summary

03107/2007
12:21 PM

Civil Docket

SUCV2003·00895
Foxworth, W52274 et al V Maloney, Comr Dept Corrections et al

case01 225927 YYYY y y

Page 12 of 12

Commonwealth of Massachusetts

03/07/2007

12:21 PM

SUFFOLK SUPERIOR COURT
Case Summary

Civil Docket

Date

Paper

06/06/2006

66.0

06/06/2006

67.0

06/20/2006

68.0

06/21/2006

69.0

06/21/2006

70.0

06/21/2006

71.0

06/22/2006

72.0

07/10/2006

73.0

07/1212006

74.0

,~
1f

76.0
case01

225927.x!iA y

Page 10 of 12

 

 

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