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Official Docket entries – see entry of
judgment near the end of this document.
U.S. District Court
- Massachusetts (Boston)
CIVIL DOCKET FOR
CASE #: 98-CV-11441
Filed: 07/21/98
Assigned to: Judge
Douglas P. Woodlock
Jury demand: Both
Demand: $0,000
Nature of Suit: 790
Lead Docket: None
Jurisdiction:
Federal Question
Dkt # in Suffolk
Superior : is 98-3402H
Cause: 29:0794 Job
Discrimination (Handicap)
RICHARD DAHILL
Plaintiff v.
BOSTON POLICE
DEPARTMENT Defendant
Brian
C. Decker
Pyle, Rome,
Lichten & Ehrenberg,
P.C.
18 Tremont Street
Suite 500
Boston, MA
02108
617-367-7200
Harold L.
Lichten
Pyle, Rome, Litchen & Ehrenberg,
P.C.
18 Tremont
Street
Suite 500
Boston, MA
02108
617-367-7200
Shannon
Liss-Riordan
Kopelman
& Paige, P.C.
31 St. James
Avenue
Boston, MA
02116
617-556-0007
Mary Jo Harris
Boston
Police Department
Office of
the Legal Advisor
One
Schroeder Plaza
Boston, MA 02120
617-343-4550
Jed M. Nosal
Boston
Police Department
Office of the Legal Advisor
One Shroeder
Plaza
Boston, MA
02120
617-343-4550
Susan M.
Prosnitz
Boston
Police Department
Chief of
Litigation
One
Schroeder Plaza
Boston, MA
02120
617-345-9000
William V.
Hoch
Office of
the Legal Advisor
Staff
Attorney
Boston Police Department
One
Schroeder Plaza
Boston, MA
02120
617-343-4550
MASSACHUSETTS
CHAPTER, James S. Weliky
NATIONAL
EMPLOYMENT LAWYERS [term 06/20/01]
ASSOCIATION
[term 06/20/01]
Amicus
Messing
& Redausky
44
School St.
Boston, MA
02108
USA
MA DISABILITY
LAW CENTER Jane K. Alper
Amicus
Disability
Law Center
11 Beacon
Street, Suite 925
Boston, MA
02108
617-723-8455
GAY
AND LESBIAN ADVOCATES AND Betsy L. Ehrenberg
DEFENDERS
Amicus
Pyle,
Rome & Lichten
90 Canal
Street
4th Floor
Boston, MA
02114
617-367-7200
--------------------------------------------------------------------------------
DOCKET PROCEEDINGS
--------------------------------------------------------------------------------
DATE # DOCKET
ENTRY
7/21/98 1
Notice of Removal filed.
Received from: Suffolk Superior;
State Court Docket #:
98-3402H. Assigned to: Judge
Woodlock Receipt #: 7898 Amount: $ 150. Fee
status: paid
(mr) [Entry date 07/22/98]
7/21/98 2
Motion by Boston Police Depart to extend time to 8/21/98
to file answer, filed. c/s
(mr) [Entry date 07/22/98]
7/27/98 3
Judge Douglas P. Woodlock. Notice of Hearing/conference:
set scheduling conference
for 2:30 9/29/98. cc/cl (tmc)
[Entry date 07/29/98]
7/27/98 --
Judge Douglas P. Woodlock. Endorsed Order entered
granting [2-1] motion to extend time to 8/21/98 to file
answer, reset answer due for 8/21/98 for Boston
Police
Depart. cc/cl (tmc) [Entry
date 07/29/98]
8/25/98 4
Answer by Boston Police Depart to complaint; jury demand,
filed. (mr)
9/23/98 5
Joint statement pursuant to L.R. 16.1(D) by Richard Dahill
and Boston Police Department,
filed. (rca)
[Entry date 09/24/98]
9/29/98 --
Scheduling conference held. (rca) [Entry date 09/30/98]
9/29/98 6
Judge Douglas P. Woodlock. Clerk's Notes re: Scheduling
conference held. All
discovery by 3/31/99. Experts
(simultaneously) by 3/1/99.
Depo's OK. Summary Judgment by
5/30/99 - if none - tell
clerk. No trial set yet. fcjm
6/24/99 at 2:30. Court
Reporter: Owens (rca)
[Entry date 09/30/98]
9/29/98 7
Judge Douglas P. Woodlock. Scheduling Order entered.
Expert designated by 3/1/99,
Discovery due 3/31/99,
Summary judgment motion
filing deadline 5/30/99, Further
scheduling conference set for
2:30 6/24/99, Status report
due on 6/17/99. (rca) [Entry date 09/30/98]
9/29/98 8
Local Rule 16.1 Certification filed by Richard Dahill.
(rca) [Entry date 09/30/98]
1/11/99 9
Motion by Richard Dahill for Shannon Liss-Riordan to
appear pro hac vice fee
status: paid fee amt: 50.00
Receipt #: 11582, filed. c/s (sad) [Entry date 01/12/99]
1/11/99 10
Certificate of Good Standing by Attorney
ShannonLiss-Riordan, filed.
(sad) [Entry date 01/12/99]
1/15/99 --
Judge Douglas P. Woodlock. Endorsed Order entered allowing
[9-1] motion by Plaintiff for
Shannon Liss-Riordan to
appear pro hac vice. cc/cl.
(rca) [Entry date 01/25/99]
1/20/99 11
Assented to Motion by Richard Dahill to amend [1-1]
Complaint, filed. c/s. (mlb) [Entry date 01/25/99]
1/26/99 --
Judge Douglas P. Woodlock. Endorsed Order entered granting
[11-1] motion to amend [1-1]
Complaint. cc/cl (sad)
1/26/99 12
Amended complaint by Richard Dahill filed. (Answer due
2/5/99 for Boston Police
Depart ). Amended complaint
amends ; c/s. (sad)
2/4/99 13
Notice of appearance of attorney for Boston Police
Department by William V. Hoch, filed. c/s (mgl)
[Entry date 02/10/99]
2/4/99 14
Rule 16.1 Certification filed by Boston Police Depart.
c/s (mgl) [Entry date
02/10/99]
2/9/99 15
Defendant's Answer to the Plaintiff's Amended Complaint, by
Boston Police Depart to
complaint; jury demand, filed. c/s
(mgl) [Entry date 02/10/99]
3/4/99 16
Joint Motion to amend scheduling order by extending
discovery deadlines, filed.
(mgl)
3/8/99 --
Judge Douglas P. Woodlock. Endorsed Order entered granting
[16-1] motion to amend
scheduling order by extending
discovery deadlines,
Allowed;Expert designation by
4/1/99, All
discovery by 4/30/99. Other deadlines
remain as previously ordered,
by the Court. cc/cl (mgl)
[Entry date 03/10/99]
3/31/99 17
Joint Motion to amend scheduling order, filed. (mgl)
[Entry date 04/01/99]
4/5/99 --
Judge Douglas P. Woodlock. Endorsed Order entered granting
[17-1] motion to amend
scheduling order, set scheduling
conference for 2:30
10/14/99. cc/cl (sad)
[Entry date 04/06/99]
5/14/99 18
Plaintiffs' Expert disclosure statement for Richard Dahill
by Shannon Liss-Riordan,
filed. (mgl)
6/8/99 19
Plaintiff's rebuttal expert disclosure statement, filed.
c/s (mr) [Entry date
06/09/99]
7/8/99 20
Judge Douglas P. Woodlock. Notice of Hearing/conference:
reset further scheduling
conference for 2:30 10/7/99,
and Status report due on
Status report due on 10/5/99.
cc/cl (mr) [Entry date 07/09/99]
8/9/99 21
Motion by Richard Dahill for certification and for
postponement of scheduling
order, filed. c/s (mr)
[Entry date 08/10/99]
8/17/99 --
Judge Douglas P. Woodlock. Endorsed Order entered denying
[21-1] motion for
certification and for postponement of
scheduling order. The motion
for certificationis denied
without prejudice to renew
after the filing of summary
judgment motions and the court will consider the issues
in
the context of summary
judgment. The motion to postpone
the scheduling order is
denied. Motions for summary
judgment shall be filed by
the due date previously set, and
the scheduling conference set
in October will remain in
place. Notice sent to counsel. [EOD Date 8/18/99] (mr)
[Entry date 08/18/99]
8/24/99 22
Joint motion by Richard Dahill, Boston Police Depart to
amend scheduling order,
filed. (mr)
8/25/99 --
Judge Douglas P. Woodlock. Endorsed Order entered granting
[22-1] joint motion to amend
scheduling order. ALLOWED to
the extent that summary judgment motions shall be filed on
or before 10/1/99; reset motion filing deadline for
10/1/99. Notice sent to
counsel. [EOD Date 8/25/99] (mr)
10/7/99 --
Scheduling conference held. (mr)
[Entry date 10/08/99]
10/7/99 23
Status report by Boston Police Depart, filed. c/s (mr)
[Entry date 10/08/99]
10/7/99 24
Assented to Motion by Boston Police Depart for leave to
file motion for summary judgment
late, filed. c/s (mr)
[Entry date 10/08/99]
10/7/99 --
Judge Douglas P. Woodlock. Endorsed Order entered
granting [24-1] motion for
leave to file motion for summary
judgment late. Notice sent to
counsel. [EOD Date 10/8/99]
(mr) [Entry date 10/08/99]
10/7/99 25
Motion by Boston Police Depart for summary judgment,
filed. c/s (mr) [Entry date
10/08/99]
10/7/99 26
Memorandum by Boston Police Depart
in support of [25-1]
motion for summary judgment,
filed. c/s (mr)
[Entry date 10/08/99]
10/7/99 27
Judge Douglas P. Woodlock. Clerk's Notes: re: scheduling
conference Motion for summary
judgment filed 10/7/99;
opposition due 11/5/99; Court
does not think certification
is appropriate here but will
allow a motion; briefing on
the merits required. Court
Reporter: Pam Owens (mr)
[Entry date 10/08/99]
10/7/99 28
Judge Douglas P. Woodlock. Scheduling Order entered
setting opposition to motion
for summary judgment by
11/5/99; a hearing to be set
in January 2000; a motion for
certification is permitted.
cc/cl [EOD Date 10/8/99] (mr)
[Entry date 10/08/99]
10/12/99 29 Letter by Shannon Liss-Riordan dated: 10/8/99 to: Judge
Woodlock re: Pacella v. Tufts Univ. 98-11441-WGY filed.
(mr) [Entry date 10/21/99]
11/8/99 30
Renewed Motion by Richard Dahill for certification,
filed. c/s (mr) [Entry date
11/09/99]
11/8/99 31
Assented to Motion by Richard Dahill for leave to file
opposition one day late,
filed. (mr) [Entry date 11/09/99]
11/8/99 --
Judge Douglas P. Woodlock. Endorsed Order entered
granting [31-1] motion for
leave to file opposition one day
late. Notice sent to counsel.
[EOD Date 11/9/99] (mr)
[Entry date 11/09/99]
11/8/99 32
Response by Richard Dahill in
opposition to [25-1] motion
for summary judgment, filed.
c/s (mr) [Entry date 11/09/99]
11/8/99 33
Memorandum by Richard Dahill in
opposition to [25-1]
motion for summary judgment,
filed. c/s (mr)
[Entry date 11/09/99]
11/8/99 34
Statement of Facts by Richard Dahill re: [25-1] motion for
summary judgment, filed. c/s
(mr) [Entry date 11/09/99]
11/8/99 35
Appendix/exhibits by Richard Dahill
in support of [33-1]
opposition memorandum, filed.
c/s (mr)
[Entry date 11/09/99]
11/10/99 36 Motion by MANELA, Disability Law Ctr.,
Gay & Lesbian Adv.
for leave to file brief amici
curiae, filed. cc/cl (mr)
[Entry date 11/12/99]
11/10/99 37 Amicus Curiae brief in support of motion
to certify by
MANELA, Disability Law Ctr.,
Gay & Lesbian Adv., filed.
c/s (mr) [Entry date
11/12/99]
11/11/99 -- Judge Douglas P. Woodlock. Endorsed
Order entered granting
[36-1] motion for leave to
file brief amici curiae. cc/cl
[EOD Date 11/12/99] (mr)
[Entry date 11/12/99]
11/24/99 38 Motion by Boston Police Depart to extend
time to 12/8/99
to file objection to motions
for certification, filed. c/s
(mr) [Entry date 11/29/99]
12/1/99 --
Judge Douglas P. Woodlock. Endorsed Order entered
granting [38-1] motion to
extend time to 12/8/99 to file
objection to motions for
certification. Notice sent to
counsel. [EOD Date 12/1/99]
(mr)
12/8/99 39
Letter by William V. Hoch
dated: 12/8/99 to: Clerk re:
scheduling of motion
hearing filed. (mr)
[Entry date 12/10/99]
12/8/99 40
Response by Boston Police Depart
in opposition to [30-1]
motion for certification,
filed. c/s (mr)
[Entry date 12/10/99]
2/1/00 41
Judge Douglas P. Woodlock. Notice of Hearing/conference:
Motion hearing set for 2:30
4/12/00 for [30-1] motion for
certification, set for 2:30
4/12/00 for [25-1] motion for
summary judgment. cc/cl (mr) [Entry date 02/03/00]
2/4/00 42
Letter by Shannon Liss-Riordan
dated: 2/3/00 to: Judge
Woodlock re: request for hearing filed. (mr)
[Entry date 02/07/00]
2/4/00 --
Judge Douglas P. Woodlock. Endorsement re: [42-1] letter.
A motion hearing date has
been set by separate notice. (mr)
[Entry date 02/07/00]
3/30/00 43
Judge Douglas P. Woodlock. Notice of Hearing/conference:
Motion hearing reset for 3:30
4/12/00 for [30-1] motion
for certification, reset for
3:30 4/12/00 for [25-1] motion
for summary judgment. cc/cl
(mr)
4/12/00 --
Motion hearing re: [30-1] motion for certification Motion
hearing held, [25-1] motion
for summary judgment Motion
hearing held (mr) [Entry date
04/13/00]
4/12/00 44
Judge Douglas P. Woodlock. Clerk's Notes: re: motion
hearing; motion to supplement
the record filed by defendant
- returned to him (rejected
by the court); If case is out
on federal claims, then court
will not exercise
supplemental jurisdiction and
will remand case; the parties
may supplement the record by
4/19/00; Court Reporter: Pam
Owens (mr) [Entry date
04/13/00]
4/12/00 45
Judge Douglas P. Woodlock. Order
entered [30-1] motion
for certification taken under
advisement, [25-1] motion for
summary judgment taken under
advisement; additional
briefing and supplement to
the record by 4/19/00. cc/cl
[EOD Date 4/13/00] (mr)
[Entry date 04/13/00]
4/19/00 46
Joint statement by Richard Dahill, Boston Police Depart,
re: certification, filed.
(mr) [Entry date 04/21/00]
4/19/00 47
Memorandum by Richard Dahill in
opposition to [25-1]
motion for summary judgment, filed. c/s (mr)
[Entry date 04/21/00]
4/19/00 48
Motion by Boston Police Depart
to supplement the summary
judgment record, filed. c/s
(mr) [Entry date 04/21/00]
4/19/00 49
Supplemental Memorandum by
Boston Police Depart in support
of [25-1] motion for summary
judgment, filed. c/s (mr)
[Entry date 04/21/00]
6/2/00 50
Judge Douglas P. Woodlock. Memorandum and Order entered.
granting [30-1] motion for certification, denying [25-1]
motion for summary judgment.
"I will deny defendant's
motion for summary judgment
with respect to Counts III and
IV. I will deny without prejudice defendant's motion with
respect to Counts I and II
and Grant the parties' request
for a certification order to
the Massachusetts Supreme
Judicial Court regarding
those two counts." cc/cl [EOD Date
6/6/00] (mr) [Entry date
06/06/00]
6/2/00 51
Judge Douglas P. Woodlock. Certification Order entered.
(Whether MA General Laws ch.
151B requires consideration of
mitigating or corrective
devices in determining whether a
person has a handicap?) cc/cl
[EOD Date 6/6/00] (mr)
[Entry date 06/06/00]
6/8/00 52
Receipt for Certification Order sent to Supreme Judicial
Court for the Commonwealth
(mr)
6/14/00 53
Notice of Entry on Docket at Supreme Judicial Court of
Commonwealth of Massachusets,
filed. (mr)
8/21/00 --
Terminated document: terminating [48-1] motion to
supplement the summary
judgment record Requested by
R.Greenberg. (mr)
5/29/01 54
Notice of Decision by Supreme Judicial Court for the
Commonwealth of
Massachusetts, filed. (mr)
6/18/01 55
Judge Douglas P. Woodlock. Scheduling Order entered
setting Status report due on
7/9/01 for Boston Police
Depart, for Richard Dahill.
cc/cl [EOD Date 6/18/01] (mr)
7/2/01 56
Status report by Richard Dahill, Boston Police Depart,
filed. (mr) [Entry date
07/03/01]
7/9/01 57
Judge Douglas P. Woodlock. Pretrial Order entered. cc/cl
[EOD Date 7/9/01] (mr)
7/9/01 58
Judge Douglas P. Woodlock. Procedural Order entered re:
Pretrial/Trial; Pretrial Conference set for 2:30 10/30/01
. cc/cl [EOD Date 7/9/01]
(mr)
10/16/01 59 Pretrial memorandum by Richard Dahill,
Boston Police Depart
, filed. c/s (mr) [Entry date
10/17/01]
10/16/01 60 Joint motion by Richard Dahill, Boston
Police Depart to
extend time to file exhibit
list, filed. (mr)
[Entry date 10/17/01]
10/30/01 -- Pre-trial conference held. (mr) [Entry date 10/31/01]
10/30/01 61 Judge Douglas P. Woodlock. Clerk's
Notes: re: pretrial
conference: trial date set
for 1/22/02 at 9:00; 1-2 weeks;
issue of expert
deposition/proposed motion in limine
discussed; Plaintiff has to
pay for costs if they want to
use newly discovered
evidence; def's motion re: experts
shall be filed by 12/17/01;
opposition by 1/7/02; plaintiff
to file motions to strike 4.2
motions by 11/30/01; def. can
take 1/2 day expert
depsootion at deft cost; pretrial
conference set for 1/10/02 at
3:00. (mr)
[Entry date 10/31/01]
10/30/01 62 Judge Douglas P. Woodlock. Order and
notice of change of
trial date and notice of
pretrial conference entered re:
Pretrial/Trial; Pretrial
Conference set for 3:00 1/10/02
Jury Trial set for 9:00
1/22/02. cc/cl [EOD Date 10/31/01]
(mr) [Entry date 10/31/01]
11/5/01 --
Terminated document: [60-1] joint motion to extend time to
file exhibit list. (mr)
11/14/01 63 Notice of change of address filed by Shannon Liss-Riordan,
Bryan C. Decker, Harold L.
Lichten by Richard Dahill. (mr)
[Entry date 11/19/01]
11/30/01 64 Assented to Motion by Richard Dahill to
extend time to
12/7/01 to file motion to
speak to defendant's employees in
preparation for trial and
extend time to 12/14/01 for
defendant's response, filed.
c/s (mr)
[Entry date 12/03/01]
12/3/01 --
Judge Douglas P. Woodlock. Endorsed Order entered
granting [64-1] motion to
extend time to 12/7/01 to file
motion to speak to defendant's employees in
preparation for
trial and extend time to
12/14/01 for defendant's response.
Notice sent to counsel. [EOD
Date 12/4/01] (mr)
[Entry date 12/04/01]
12/7/01 65
Motion by Richard Dahill to speak to employees of
defendant Boston Police
Department in preparation for
trial, filed. c/s (mr) [Entry
date 12/10/01]
12/12/01 -- Judge Douglas P. Woodlock. Endorsed
Order entered
withdrawing [65-1] motion to
speak to employees of
defendant Boston Police
Department in preparation for
trial. Motion withdrawn by
plaintiff. [EOD Date 12/12/01]
(mr)
12/17/01 66 Letter by William V. Hoch dated: 12/17/0 to: clerk re:
scheduling conflict filed.
(mr)
12/17/01 67 Assented to Motion by Boston Police
Depart to extend time
to 12/24/01 to motions in
limine, filed. c/s (mr)
12/18/01 -- Judge Douglas P. Woodlock. Endorsed
Order entered
granting [67-1] motion to
extend time to 12/24/01 to file
motions in limine. Notice
sent to counsel. [EOD Date
12/18/01] (mr)
12/18/01 -- Judge Douglas P. Woodlock. Endorsement
re: [66-1] letter
re: scheduling conflict. Noted, however the parties
should be prepared to
commence trial as scheduled. cc/cl
(mr)
12/21/01 68 Motion by Richard Dahill in limine to
exclude expert
testimony by Dr. L. Kristian
Arnold and Dr. Bruce MacDonald
and to strike defendant's
expert witness Sigfrid Soli,
filed. c/s (mr) [Entry date 01/03/02]
12/24/01 69 Motion by Boston Police Depart in limine
to exclude
reports and testimony of
plaintiff's three expert
witnesses, filed. c/s (mr)
[Entry date 01/03/02]
1/7/02 70 Response by Boston Police Depart in opposition to [68-1]
motion in limine to exclude
expert testimony by Dr. L.
Kristian Arnold and Dr. Bruce
MacDonald and to strike
defendant's expert witness
Sigfrid Soli, filed. c/s (mr)
[Entry date 01/08/02]
1/7/02 71
Response by Richard Dahill in
opposition to [69-1] motion
in limine to exclude reports
and testimony of plaintiff's
three expert witnesses, filed.
c/s (mr)
[Entry date 01/08/02]
1/10/02 --
Pre-trial conference held. (mr)
[Entry date 01/14/02]
1/10/02 72
Judge Douglas P. Woodlock. Clerk's Notes: re: pretrial
conference, plaintiff may
take depositon of percipient
expert witnees, who may be allowed to testify at trial; as
to 1997 technology, the
defendant may depose expert and
Plaintiff is to supplement
his report first; trial length -
3 experts for plaintiff, 3 for defendant, 1 rebuttal;
parties to file jury
instructions as soon as possible;
court may do a powerpoint
presentatio - parties to think
about core instructions in an
outline form to facilitate
presentation and specific
factual questions; set further
pretrial conference for 11:00
1/16/02 Court Reporter: Pam
Owens (mr) [Entry date
01/14/02]
1/16/02 73
Joint Amended Pretrial memorandum by Richard Dahill, Boston
Police Depart, filed. (mr)
[Entry date 01/18/02]
1/16/02 75
Proposed jury verdict form filed by Richard Dahill. (mr)
[Entry date 01/18/02]
1/16/02 76
Proposed Jury instructions by
Richard Dahill, filed. c/s
(mr) [Entry date 01/18/02]
1/16/02 77
Proposed voir dire questions by Richard Dahill, filed. c/s
(mr) [Entry date 01/18/02]
1/16/02 78
Proposed Jury instructions by Boston Police Depart,
filed. c/s (mr) [Entry date
01/18/02]
1/16/02 79
Proposed voir dire questions by Boston Police Depart,
filed. (mr) [Entry date
01/18/02]
1/18/02 74
Plaintiff's proposed Jury instructions
filed. (mr)
1/18/02 --
Pre-trial conference held. (mr)
[Entry date 01/22/02]
1/18/02 80
Judge Douglas P. Woodlock. Clerk's Notes: re: pretrial
conference; motion to quash
addressed - allowed, subpoena
quashed; a videotape deposition is permitted;
defendant to
pay the costs; trial
logistics addressed; federal claim is
dismissed by plaintiff; Court
Reporter: Pam Owens (mr)
[Entry date 01/22/02]
1/18/02 81
Motion by Boston Police Depart to quash subpoenas,
filed. (mr) [Entry date
01/22/02]
1/18/02 --
Judge Douglas P. Woodlock. Endorsed Order entered
granting [81-1] motion to quash
subpoenas. [EOD Date
1/22/02] (mr) [Entry date
01/22/02]
1/18/02 82
Motion by Boston Police Depart to strike portion of joint
amended pretrial memorandum,
filed. c/s (mr)
[Entry date 01/22/02]
1/18/02 83
Revised Proposed Jury instructions by Boston Police Depart
filed. (mr) [Entry date
01/22/02]
1/22/02 84
Motion by Boston Police Depart in limine to allow
introduction of records from
Dr. C. Bruce MacDonald,
filed. c/s (mr) [Entry date
01/23/02]
1/22/02 85
Motion by Boston Police Depart in limine to exclude
introduction of the finding
of the MCAD, filed. c/s (mr)
[Entry date 01/23/02]
1/22/02 --
Judge Douglas P. Woodlock. Endorsed Order entered
granting [85-1] motion in
limine to exclude introduction of
the finding of the MCAD.
Allowed, there being no objection.
[EOD Date 1/23/02] (mr)
[Entry date 01/23/02]
1/22/02 86
Motion by Richard Dahill in limine to preclude any mention
of Dr. MacDonald in opening
statements, filed. c/s (mr)
[Entry date 01/23/02]
1/22/02 --
Judge Douglas P. Woodlock. Endorsed Order entered
granting [86-1] motion in
limine to preclude any mention of
Dr. MacDonald in opening
statements. Allowed, without
objection. [EOD Date 1/23/02]
(mr) [Entry date 01/23/02]
1/22/02 87
Exhibit list by Richard Dahill, Boston Police Depart,
filed. (mr) [Entry date
01/23/02]
1/22/02 --
Pre-trial conference held. (mr)
[Entry date 01/25/02]
1/22/02 89
Judge Douglas P. Woodlock. Clerk's Notes: re: pretrial
conference granting [85-1] motion in limine to exclude
introduction of the finding
of the MCAD (not opposed) Court
Reporter: Pam Owens (mr)
[Entry date 01/25/02]
1/22/02 --
Jury impanelling held. (mr)
[Entry date 01/25/02]
1/22/02 --
Jury trial day 1 held. (mr) [Entry date 01/25/02]
1/22/02 89
Judge Douglas P. Woodlock. Clerk's Notes: re: jury trial
day 1 - impanelment; 12
jurors impaneled; sworn; opening
statement of plaintiff's
counsel given; defense counsel's
opening statement given;
Court Reporter: Pam Owens (mr)
[Entry date 01/25/02]
1/23/02 --
Jury trial day 2 held. (mr) [Entry date 01/25/02]
1/23/02 89
Judge Douglas P. Woodlock. Clerk's Notes: re: jury trial
day 2; Richard Dahill
testifies in plaintiff's
case-in-chief, video of
academy training played; "FATS"
testing demonstration; Court
Reporter: Pam Owens (mr)
[Entry date 01/25/02]
1/24/02 88
Response by Richard Dahill in
opposition to [84-1] motion
in limine to allow
introduction of records from Dr. C.
Bruce MacDonald, filed. (mr) [Entry date 01/25/02]
1/24/02 --
Jury trial day 3 held. (mr) [Entry date 01/25/02]
1/24/02 89
Judge Douglas P. Woodlock. Clerk's Notes: re: jury trial
day 3; Richard Dahill's
testimony continued; Dr. Edward
Reardon testifies; Court
Reporter: Pam Owens (mr)
[Entry date 01/25/02]
1/28/02 90
Transcript of proceedings for held on
proceeding date:
1/22/02 (opening statements)
before Judge: Woodlock. Court
Reporter: Pam Owens (mr)
1/28/02 91
Notice by Richard Dahill
withdrawing objection to the
admission into evidence of
Dr. Cox's records, filed. c/s (mr)
1/28/02 92
Motion by Richard Dahill in limine to limit expert
testimony by Dr. Sigfrid
Soli, filed. c/s (mr)
1/28/02 93
Letter by William V. Hoch
dated: 1/25/02 to: Shannon
Liss-Riordan re: experts
filed. (mr)
1/28/02 94
Motion by Boston Police Depart in limine to preclude
rebuttal testimony of
Illinois State Trooper Michael Mobley
, filed. c/s (mr)
1/29/02 95
Response by Richard Dahill in
opposition to [94-1] motion
in limine to preclude rebuttal testimony of Illinois State
Trooper Michael Mobley,
filed. (mr)
1/29/02 98
Exhibit list by Richard Dahill, Boston Police Depart,
filed. (all) [Entry date
02/08/02]
1/29/02 --
Jury trial day 5 held. (mr) [Entry date 02/13/02]
1/29/02 100
Judge Douglas P. Woodlock. Clerk's Notes: re: jury trial
day 5; testimony of Dr.
Reardon continues; defense calls
Dr. Sigfrid Soli out of
order; Michael lee Mobley, Sgt (IL
PD) testifies; Court
Reporter: Pam Owens (mr)
[Entry date 02/13/02]
1/30/02 --
Jury trial day 6 held. (mr) [Entry date 02/13/02]
1/30/02 100
Judge Douglas P. Woodlock. Clerk's Notes: re: jury trial
day 6; Ann Barrett, BPD,
testities; Richard Dahill, Sr.
testifies; Brian Foley;
martin Velez; Dr. Mead Killion
testifies; deposition of
Deputy Superintendent Edward Eager
read to jury out of turn
(defendant's witness) Court
Reporter: Debbie Nemetz/Pam
Owens (mr) [Entry date 02/13/02]
1/31/02 --
Judge Douglas P. Woodlock. Endorsed Order entered denying
[84-1] motion in limine to
allow introduction of records
from Dr. C. Bruce MacDonald.
"DENIED, for reasons stated
during and reflected in the
stenographer's notes of the
hearing this day." [EOD
Date 2/6/02] Notice sent to
counsel. (kf) [Entry date
02/06/02]
1/31/02 --
Jury trial day 7 held. (mr) [Entry date 02/13/02]
1/31/02 100
Judge Douglas P. Woodlock. Clerk's Notes: re: jury trial
day 7; hearing on motion in
limine: court excludes
McDonald's (expert) 8/28
letter; Dr. Kristian Arnold
testifies; inquiry of juror
#11; scheduling problems
addressed; jury charge
conference set for 11:15; Court
Reporter: Pam Owens (mr)
[Entry date 02/13/02]
1/31/02 101
Affidavit of William V. Hoch,
filed. (mr)
[Entry date 02/13/02]
2/1/02 --
Jury trial day 8 held. (mr) [Entry date 02/13/02]
2/1/02 102
Judge Douglas P. Woodlock. Clerk's Notes: re: jury trial
day 8; cross of Dr. Kristian
Arnold continued; Dr. David
Citron; Commissioner Paul
Evans; plaintiff rests subject to
introduction of evidence;
defense motion reserved/taken
under advisement; defendant's
case-in-chief commences;
Edward P. Callahan, BPD;
Roberta Mullen; Court Reporter:
Pam Owens (mr) [Entry date
02/13/02]
2/4/02 --
Jury Charge Conference held. (mr) [Entry date 02/13/02]
2/4/02 102
Judge Douglas P. Woodlock. Clerk's Notes: re: jury
charge conference; charge and
verdict skip and issues of
damages addressed; Court
Reporter: Pam Owens (mr)
[Entry date 02/13/02]
2/4/02 104
Alternate Proposed Jury instructions by Boston Police
Depart, filed. (mr) [Entry
date 02/13/02]
2/5/02 99
Letter by Harold L. Lichten
dated: 2/4/02 to: Judge
Woodlock
re: NSTAR & Gas Corp. filed.
(all)
[Entry date 02/08/02]
2/5/02 --
Jury trial day 9 held. (mr) [Entry date 02/13/02]
2/5/02 102
Judge Douglas P. Woodlock. Clerk's Notes: re: jury trial
day 9; Sgt. Gary Eblin testifies for defendant; Off. Paul
Downey; Timothy Connolly
testifies; defendant rests;
plaintiff's rebuttal case;
Richard Dahill re-called;
plaintiff rests; evidence is
closed; hearing set for 8:45
on 2/6/02 Court Reporter: Pam
Owens (mr)
[Entry date 02/13/02]
2/5/02 103
Notice of filing pursuant to Mass. Gen. L. 233, Sec. 79G by
Boston Police Depart, filed.
(mr) [Entry date 02/13/02]
2/6/02 97
Transcript of proceedings for Jury Trial Testimony of
Richard Dahill, Jr. held on
proceeding date: January 23,
2002 before Judge: Woodlock.
Court Reporter: Pam Owens (kf)
[Entry date 02/07/02]
2/6/02 --
Jury trial day 10 held. (mr) [Entry date 02/13/02]
2/6/02 105 Judge Douglas P. Woodlock. Clerk's
Notes: re: jury trial
day 10; further hearing with counsel re: jury verdict form;
motions for directed verdict denied;
closing argument of
defendant given; closing of plaintiff given; jury charge
given 11:02 - 11:40; juror #7 is floreperson; jurors begin
deliberations at 11:40; at 4:30 verdict returned for
plaintiff in the amount of $847,785.00; jurors discharged;
parties to report back by 2/22/02 regarding equitable
relief (reinstatement, etc) and attorney's fees; all
exhibits returned to Shannon
Liss-Riordan; Court Reporter:
Pam Owens (mr) [Entry date 02/13/02]
2/6/02 106
Witness list, filed. (mr) [Entry date 02/13/02]
2/6/02 107
Jury verdict for Richard Dahill. (mr) [Entry date 02/13/02]
2/7/02 96
Transcript of proceedings for Jury Trial Testimony of
Richard Dahill, Jr. held on
proceeding date: January 24,
2002 before Judge: Woodlock.
Court Reporter: Pam Owens (kf)
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