Opinion
21-20025 Adv. Proc. 21-02006
06-04-2021
In re: MICHAEL JAMES DELEO, Debtor. v. ANTHONY VEGNANI Defendant. MICHAEL JAMES DELEO, Plaintiff,
Lee H. Bals, Bar No. 3412 David C. Johnson, Bar No. 9447 Trey R. Milam, Bar No. 6359 Attorneys for the Plaintiff MICHAEL JAMES DELEO
Chapter 11
Lee H. Bals, Bar No. 3412 David C. Johnson, Bar No. 9447 Trey R. Milam, Bar No. 6359 Attorneys for the Plaintiff MICHAEL JAMES DELEO
OPPOSITION TO MOTION TO DISMISS
Michael James Deleo (the "Debtor" or "Plaintiff"), the plaintiff in the above-captioned adversary proceeding and the debtor in the above-captioned bankruptcy case hereby opposes the Defendant Anthony Vegnani's ("Vegnani" or "Defendant") motion to dismiss (the "MTD") [D.E. #9]. In support of said opposition, the Debtor states as follows:
Argument
1. This Adversary Proceeding Should Be Stayed Pending Resolution of the Medlogix Litigation.
The Debtor's lawsuit against Vegnani is premised on the allegation that Vegnani tortiously interfered with the Debtor's employment relationship with a company named Medlogix, LLC. See Complaint [D.E. # 1], generally. More specifically, the Debtor alleges that Vegnani wrongfully initiated a lawsuit against Medlogix in the United States Court for the District of Massachusetts in 2019, seeking to hold Medlogix responsible for a state court judgment rendered jointly against the Debtor and another company, Mass. Medical Services, Inc. ("MMS"), arguing a de facto merger as to MMS and Medlogix. Id. at 13. The Debtor alleges that the initiation and prosecution of the Medlogix Litigation by Vegnani poisoned a fruitful employment relationship between the Debtor and Medlogix. Id. at 15-16. For purposes of the MTD and this Opposition, the Debtor concedes that a final judgment in Vegnani's favor in that action would likely make this adversary proceeding unviable.
Depending on the actual, granular basis for the judgment.
As Vegnani notes in the MTD, the Medlogix Litigation continues: "Discovery in the case is closed, the initial pretrial conference is complete, and the parties are in the final stages of preparing for trial." MTD, ¶ 5 (emphasis added) and Ex. A thereto [docket sheet for the Medlogix Litigation as of April, 2021]. Since then, Medlogix and Vegnani have agreed to engage in judicial mediation of the Medlogix Litigation on July 14, 2021. See docket sheet for Medlogix Litigation as of June 3, 2021 at D.E. # 79 (a true and accurate copy is attached hereto as Exhibit 1). The upshot of all this is, one way or the other, the Medlogix Litigation is nearing its conclusion.
Docket entry # 79 references an attached order. The Debtor has not attached the same to this Opposition as that Order is ministerial, setting various pre-ADR deadlines, etc.
As such, the Debtor requests that the Court, using the prior-pending-action doctrine and its inherent power to manage its own docket, stay this adversary proceeding pending resolution of the Medlogix Litigation. E.g., Quality One Wireless, LLC v. Goldie Group, LLC, 37 F.Supp.3d 536, 540 (D. Mass. 2014); 11 U.S.C. § 105(a). The Quality One court summarized the prior-pending-action doctrine as follows:
Also known as the "first-filed rule". See Banjo Buddies, Inc. v. Renosky, 156 F.Supp.2d 22, 25 (D. Me. 2001).
Generally, a court may stay or dismiss a later-filed action under the doctrine if two conditions are met: (1) there exists an identity of issues between the two actions and (2) the controlling issues in the later-filed action will be determined in the earlier-filed action. 5C Charles A. Wright & Arthur R. Miller, Federal Practice and
Procedure, § 1360, at 89 (3d ed. 2004). The parties in the two suits need not be identical; they need only share sufficient congruence of interests. See Whitten Ranch, Inc. v. Premier Alfalfa, Inc., 2009 WL 1844482, at *2 (D. Neb. June 18, 2009) (finding "congruent, if not identical" interests of individual and company owned by him satisfied doctrinal requirement); Andy Stroud, Inc. v. Brown, 2009 WL 539863, at *10 (S.D.N.Y. Mar. 4, 2009) (finding sufficient commonality between individual and two companies wholly owned by him); see also Samuels Grp., Inc. v. Hatch Grading & Contracting, Inc., 697 F.Supp.2d 1042, 1049 (N.D. Iowa 2010) (collecting cases)Id. Here, as evidenced by, among other things, Vegnani's arguments in the MTD, there is both (a) an identity of issues in the Medlogix Litigation and this adversary proceeding; and (b) controlling issues in the latter will likely be resolved in the former. Moreover, while the parties in the two actions are not identical, there is sufficient congruence between their interests (i.e., those of Medlogix and the Debtor) such that the doctrine is applicable here.
If the Medlogix Litigation is resolved via a settlement, then the Debtor would ask for leave to amend the Complaint to address that development, as well as the other supposed pleading deficiencies alleged by Vegnani. See Fed.R.Civ.P 15(a)(2) made applicable hereto by Fed.R.Bankr.P. 7015 ("The court should freely give leave [to amend] when justice so requires.") If a final judgment is entered in Medlogix's favor, then the Debtor would request the same relief. If a final judgment is rendered in Vegnani's favor, then the Debtor would likely consent to dismissal of this adversary proceeding. Regardless of the outcome, a stay is an appropriate way to conserve judicial resources and it will not prejudice Vegnani in any way.
After reviewing the basis for said judgment.
2. Alternatively, The Adversary Proceeding Must Be Dismissed Without Prejudice.
Should the court not be inclined to stay this action pending resolution of the Medlogix Litigation, then it must be dismissed without prejudice. At this time, there are no statute of limitations or other legal impediments (such as a final judgment in Vegnani's favor in the Medilogix Litigation) that would bar the filing of another adversary proceeding.
Responses Required by D.Me. LBR 9013-1(f)
1. The allegations in ¶ 1 of the MTD are comprised of legal argument and advocacy to which no response is required. To the extent a response is required, the Debtor admits that he commenced this adversary proceeding. The respective orders on the motions to dismiss and for summary judgment in the Medlogix Litigation speak for themselves. The Debtor denies any remaining factual allegations contained in ¶ 1.
2. The allegations in ¶ 2 of the MTD are comprised of legal argument and advocacy to which no response is required.
3. ¶¶ 7-8 of the Complaint speak for themselves. The remainder of any factual allegations are denied.
4. ¶¶ 10-11 of the Complaint speak for themselves. The remainder of any factual allegations are denied.
5. ¶¶ 10-11, 13, and 17 of the Complaint and Exhibit A attached to the MTD speak for themselves. The remainder of any factual allegations are denied.
6. The docket entries and Exhibit B attached to the MTD speak for themselves. The remainder of any factual allegations are denied.
7. Defendant admits that the contents of Exhibit C to the MTD were sent to Craig Goldstein on November 13, 2020, and that Medlogix filed its Motion for Summary Judgment on December 7, 2020. The effect of the delivery of Exhibit C to the MTD and whether the Defendant's pursuit of the Medlogix Litigation has been diligent are legal arguments to which no response is required.
8. ¶ 16 of the Complaint speaks for itself.
9. ¶¶ 9-28 of the MTD are comprised of legal argument and advocacy to which no response is required.
WHEREFORE, the Plaintiff respectfully request the Court enter an order:
A. Denying the relief requested in the MTD;
B. Staying this adversary proceeding until resolution of the Medlogix Litigation; or
C. Alternatively, dismissing this adversary proceeding without prejudice; and
D. Granting such other relief as the Court deems just and appropriate.
EXHIBIT 1
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:19-cv-11291-LTS
Vegnani v. Medlogix, LLC Date Filed: 06/11/2019 Assigned to: District Judge Leo T. Sorokin Jury Demand: Both Cause: 28: 1332 Diversity-Contract Dispute Nature of Suit: 150 Contract: Recovery /Enforcement Jurisdiction: Diversity
Plaintiff Anthony Vegnani represented by Christopher A Callanan Callanan Law LLP LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Medlogix, LLC formerly known as Consolidated Services Group, LLC represented by Joseph P. Calandrelli O'Connor, Carnathan and Mack LLC ATTORNEY TO BE NOTICED
Mediator Judge David Hennessy
| Date Filed | # | Docket Text |
| 06/11/2019 | 1 | COMPLAINT against Medlogix, LLC formerly known as Consolidated Services Group, LLC Filing fee: $ 400, receipt number 0101-7725986 (Fee Status: Filing Fee paid), filed by Anthony Vegnani. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Callanan, Christopher) Modified docket text on 6/11/2019 (Pacho, Arnold). (Entered: 06/11/2019) |
| 06/11/2019 | 2 | Civil Cover Sheet & Category Sheet by Anthony Vegnani. (Callanan, Christopher) (Entered: 06/11/2019) |
| 06/11/2019 | 3 | Civil Cover Sheet & Category Sheet by Anthony Vegnani. (Callanan, Christopher) (Entered: 06/11/2019) |
| 06/11/2019 | 4 | ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. 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 Donald L. Cabell. (Finn, Mary) (Entered: 06/11/2019) |
| 06/11/2019 | 5 | Summons Issued as to Medlogix, LLC. 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. (Pacho, Arnold) (Entered: 06/11/2019) |
| 06/11/2019 | 6 | General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Pacho, Arnold) (Entered: 06/11/2019) |
| 06/17/2019 | 7 | AFFIDAVIT OF SERVICE Executed by Anthony Vegnani. Medlogix, LLC served on 6/12/2019, answer due 7/3/2019. Acknowledgement filed by Anthony Vegnani. (Callanan, Christopher) (Entered: 06/17/2019) |
| 06/28/2019 | 8 | STIPULATION for Extension of Time by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 06/28/2019) |
| 07/01/2019 | 9 | District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The parties 8 Stipulation for Extension of Time is ALLOWED. Defendant's Answer to Complaint due by 8/2/2019. (Montes, Mariliz) (Entered: 07/01/2019) |
| 08/02/2019 | 10 | Defendant's Memorandum of Law in Support of 11 MOTION to Dismiss by Medlogix, LLC. (Calandrelli, Joseph) Modified on 8/2/2019 to correct description of pleading. Counsel was requested to file the motion to dismiss (Montes, Mariliz). Modified on 8/13/2019 (Montes, Mariliz). Modified on 8/13/2019 (Montes, Mariliz). (Entered: 08/02/2019) |
| 08/02/2019 | 11 | MOTION to Dismiss by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 08/02/2019) |
| 08/12/2019 | 12 | Assented to MOTION for Extension of Time to August 23, 2019 to File Opposition to Medlogix, LLC's Rule 12(b)(6) Motion to Dismiss by Anthony Vegnani. (Callanan, Christopher) (Entered: 08/12/2019) |
| 08/13/2019 | 13 | District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 12 Anthony Vegnani's Assented-To Motion for Extension of Time to Oppose Medlogix, LL's Motion to Dismiss. Plaintiff's Opposition due by 8/23/2019. (Montes, Mariliz) (Entered: 08/13/2019) |
| 08/13/2019 | 14 | Reset Deadlines as to 11 MOTION to Dismiss . Responses due by 8/23/2019 (Montes, Mariliz) (Entered: 08/13/2019) |
| 08/23/2019 | 15 | Opposition re 11 MOTION to Dismiss, 10 MOTION to Dismiss filed by Anthony Vegnani. (Callanan, Christopher) (Entered: 08/23/2019) |
| 09/03/2019 | 16 | MOTION for Leave to File Reply in Support of Defendants Motion to Dismiss by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 09/03/2019) |
| 09/04/2019 | 17 | District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 16 Motion for Leave to File Document; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Simeone, Maria) (Entered: 09/04/2019) |
| 09/06/2019 | 18 | REPLY to Response to 11 MOTION to Dismiss filed by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 09/06/2019) |
| 10/06/2019 | 19 | NOTICE of Change of Address or Firm Name by Christopher A Callanan (Callanan, Christopher) (Entered: 10/06/2019) |
| 10/28/2019 | 20 | ELECTRONIC NOTICE Setting Hearing on Motion: Motion Hearing on 11 MOTION to Dismiss is set for 11/4/2019 at 03:30 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Montes, Mariliz) (Entered: 10/28/2019) |
| 11/04/2019 | 21 | Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 11/4/2019 re 11 MOTION to Dismiss filed by Medlogix, LLC; The court hears the oral argument of counsel and denies the motion without prejudice to renewal after summary judgment for the reasons set forth in open court. The court sets a scheduling for 11/25/2019 02:00 PM in Courtroom 13 before District Judge Leo T. Sorokin. A notice will issue. (denying 11 Motion to Dismiss) (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) (Entered: 11/05/2019) |
| 11/14/2019 | 22 | Assented to MOTION to Continue Scheduling Conference to On or after December 9, 2019 by Anthony Vegnani. (Callanan, Christopher) (Entered: 11/14/2019) |
| 11/15/2019 | 23 | District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 22 Motion to Continue. The Scheduling Conference has been reset for 12/9/2019 02:15 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Simeone, Maria) (Entered: 11/15/2019) |
| 11/15/2019 | 24 | Entered in error by Court staff. Please see Doc. No. 23. NEF Regenerated. (Entered: 11/15/2019) |
| 12/03/2019 | 25 | JOINT STATEMENT re scheduling conference . (Callanan, Christopher) (Entered: 12/03/2019) |
| 12/05/2019 | 26 | CERTIFICATION pursuant to Local Rule 16.1 . (Calandrelli, Joseph) (Entered: 12/05/2019) |
| 12/09/2019 | 27 | CERTIFICATION pursuant to Local Rule 16.1 . (Callanan, Christopher) (Entered: 12/09/2019) |
| 12/09/2019 | 28 | Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Scheduling Conference held on 12/9/2019; Counsel state the status of the case. the court goes over the proposed schedule and adopts it as an order of the court. Initial disclosures by 1/6/20. Amendments by 1/31/20. Fact discovery by 7/31/20. All experts deposed by 10/31/20. Dispositive motions by 8/31/20(or 11/30/20) A Status conference has been set for 7/31/20 at 2:30pm. Counsel may appear by telephone at this conference. (Status Conference set for 7/31/2020 02:30 PM in Courtroom 13 before District Judge Leo T. Sorokin.) (Court Reporter: Richard Romanow at bulldog@richromanow.com.) (Simeone, Maria) Modified on 12/11/2019 (Simeone, Maria). (Entered: 12/11/2019) |
| 12/09/2019 | 29 | District Judge Leo T. Sorokin: ORDER entered. SCHEDULING ORDER: Initial disclosures must be completed by 1/6/2020; amendments to pleadings may be filed after 1/31/2020; all requests for production of documents and interrogatories must be served by 2/28/2020; fact discovery to be completed by 7/31/2020; Trial experts for the party with the burden of proof must be designated and disclosed by 8/31/2020; rebuttal experts must designated and disclosed by 9/30/2020; all trial experts must be deposed by 10/31/2020; dispositive motions to be filed by 8/31/2020 or 11/30/2020. A Status Conference is set for 7/31/2020 at 2:30 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Montes, Mariliz) (Main Document 29 replaced on 12/12/2019) (Montes, Mariliz). (Entered: 12/12/2019) |
| 01/21/2020 | 30 | ANSWER to 1 Complaint, with Jury Demand by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 01/21/2020) |
| 01/30/2020 | 31 | Assented to MOTION to Amend Complaint to Correct Typographical Errors by Anthony Vegnani. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Callanan, Christopher) (Entered: 01/30/2020) |
| 01/31/2020 | 32 | District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 31 Motion to Amend (Simeone, Maria) (Entered: 01/31/2020) |
| 01/31/2020 | 33 | AMENDED COMPLAINT against Medlogix, LLC, filed by Anthony Vegnani. (Callanan, Christopher) (Entered: 01/31/2020) |
| 02/03/2020 | 34 | ANSWER to 33 Amended Complaint by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 02/03/2020) |
| 02/12/2020 | 35 | MOTION to Stay by Medlogix, LLC. (Attachments: # 1 Exhibit A)(Calandrelli, Joseph) (Entered: 02/12/2020) |
| 02/13/2020 | 36 | Opposition re 35 MOTION to Stay filed by Anthony Vegnani. (Attachments: # 1 Exhibit A (Appeals Court Docket (As of 2-13-2020))(Callanan, Christopher) (Entered: 02/13/2020) |
| 02/14/2020 | 37 | MOTION for Leave to File Reply by Medlogix, LLC. (Attachments: # 1 Exhibit Proposed Reply)(Calandrelli, Joseph) (Entered: 02/14/2020) |
| 02/18/2020 | 38 | District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 37 Motion for Leave to File Document; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Simeone, Maria) (Entered: 02/18/2020) |
| 02/19/2020 | 39 | REPLY to Response to 35 MOTION to Stay filed by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 02/19/2020) |
| 02/26/2020 | 40 | Supplemental Opposition re 35 MOTION to Stay Updated Appeals Court Docket Including Decision on Motion to Reinstate filed by Anthony Vegnani. (Callanan, Christopher) (Entered: 02/26/2020) |
| 03/12/2020 | 41 | District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. In this action Plaintiff Vegnani seeks to collect from Medlogix on a judgment Vegnani obtained against Mass. Medical on a theory of successor corporate liability. Medlogix now asks the Court to stay this case on the ground that Vegnani cannot collect from Mass. Medical on the judgment while Mass. Medical has a pending appeal from the judgment. In the course of briefing, the status of the appeal has changed. The Appeals Court has dismissed Mass. Medicals appeal. The Appeals Court rendered that ruling fully aware that Deleo continues to press his appeal from the judgment, that some of his arguments concern only him while other arguments potentially implicate Mass. Medical and Medlogixs pending motion for stay of this case. Most specifically, the dismissal of Mass. Medicals appeal means the judgment against it is final and subject to collection under state law. Thus, there is no basis for a stay and the Motion for a Stay (#35) is DENIED. 35 Motion to Stay (Simeone, Maria) (Entered: 03/12/2020) |
| 05/11/2020 | 42 | Joint MOTION Approve Stipulated Protective Order and Confidentiality Agreement by Medlogix, LLC. (Attachments: # 1 Exhibit 1)(Calandrelli, Joseph) (Entered: 05/11/2020) |
| 05/12/2020 | 43 | District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 42 Joint Motion to Approve Stipulated Protective Order and Confidentiality Agreement. (Montes, Mariliz) (Entered: 05/12/2020) |
| 05/12/2020 | 44 | District Judge Leo T. Sorokin: ENDORSED ORDER entered. STIPULATED PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT. (Montes, Mariliz) (Entered: 05/12/2020) |
| 06/26/2020 | 45 | Assented to MOTION for Extension of Time to August 31, 2020 to Complete Discovery by Anthony Vegnani. (Callanan, Christopher) (Entered: 06/26/2020) |
| 06/26/2020 | 46 | NOTICE of Change of Address or Firm Name by Christopher A Callanan (Mailing Address Only) (Callanan, Christopher) (Entered: 06/26/2020) |
| 06/29/2020 | 47 | District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 45 Plaintiff's Assented-To Motion for Extension of Time to Complete Discovery. Fact Discovery to be completed by 8/31/2020. (Montes, Mariliz) (Entered: 06/29/2020) |
| 06/29/2020 | 48 | NOTICE Resetting a Hearing. The Status Conference currently scheduled for 7/31/2020 is reset for 9/2/2020 at 02:30 PM before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.forms.mad.uscourts.gov/courtlist.html. For questions r egarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Montes, Mariliz) (Entered: 06/29/2020) |
| 07/14/2020 | 49 | MOTION to Compel Communications between Defendant and Michael Deleo by Anthony Vegnani. (Attachments: # 1 Exhibit Privilege Log)(Callanan, Christopher) (Entered: 07/14/2020) |
| 07/23/2020 | 50 | Opposition re 49 MOTION to Compel Communications between Defendant and Michael Deleo filed by Medlogix, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Calandrelli, Joseph) (Entered: 07/23/2020) |
| 08/26/2020 | 51 | ELECTRONIC NOTICE OF RESCHEDULING The status conference set for 9/2/20 has been rescheduled to 9/16/2020 03:30 PM in Courtroom 13 before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For ques tions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 9/16/2020 03:30 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Simeone, Maria) (Entered: 08/26/2020) |
| 09/10/2020 | 52 | ELECTRONIC NOTICE OF RESCHEDULING. The Status Conference set for 9/16/20 has been rescheduled 10/1/2020 03:15 PM in Courtroom 13 before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For quest ions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 10/1/2020 03:15 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Simeone, Maria) (Entered: 09/10/2020) |
| 09/21/2020 | 53 | District Judge Leo T. Sorokin: ORDER entered. The Court DENIES Vegnani's 49 Motion to Compel. (Montes, Mariliz) (Entered: 09/21/2020) |
| 10/01/2020 | 54 | Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Status Conference held on 10/1/2020. Counsel state the status of the case. Discovery is complete, counsel intend to file summary judgment. The court sets the following deadline. Summary Judgment by 11/30/20. Oppositions/Cross motions by 1/8/21. Reply by 1/22/21. (Motions due by 11/30/2020) (Responses due by 1/8/2021, Replies due by 1/22/2021.). (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) (Entered: 10/05/2020) |
| 11/19/2020 | 55 | Assented to MOTION for Extension of Time to File by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 11/19/2020) |
| 11/20/2020 | 56 | District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 55 Assented-To Motion to Extend Summary Judgment Filing Deadlines. Motion for Summary Judgment due by 12/7/2020; opposition due by 1/15/2021; reply due by 1/22/2021. (Montes, Mariliz) (Entered: 11/20/2020) |
| 11/20/2020 | 57 | Reset Deadlines: Motions for summary judgment due by 12/7/2020; opposition/ cross motion due by 1/15/2021; Reply due by 1/22/2021. (Montes, Mariliz) (Entered: 11/20/2020) |
| 12/07/2020 | 58 | MOTION for Summary Judgment by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 12/07/2020) |
| 12/07/2020 | 59 | AFFIDAVIT in Support re 58 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1-34)(Calandrelli, Joseph) (Entered: 12/07/2020) |
| 12/07/2020 | 60 | AFFIDAVIT in Support re 58 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A)(Calandrelli, Joseph) (Entered: 12/07/2020) |
| 12/07/2020 | 61 | STATEMENT of facts re 58 MOTION for Summary Judgment . (Calandrelli, Joseph) (Entered: 12/07/2020) |
| 01/15/2021 | 62 | Opposition re 58 MOTION for Summary Judgment filed by Anthony Vegnani. (Callanan, Christopher) (Entered: 01/15/2021) |
| 01/15/2021 | 63 | Statement of Material Facts L.R. 56.1 re 58 MOTION for Summary Judgment filed by Anthony Vegnani. (Callanan, Christopher) (Entered: 01/15/2021) |
| 01/15/2021 | 64 | AFFIDAVIT of Christopher A. Callanan Attaching Exhibits Referenced in Opposition to Motion for Summary Judgment in Opposition re 58 MOTION for Summary Judgment filed by Anthony Vegnani. (Callanan, Christopher) (Main Document 64 replaced on 1/20/2021) (Montes, Mariliz). (Additional attachment(s) added on 1/20/2021: # 1 Exhibit) (Montes, Mariliz). Modified on 1/20/2021 to detach exhibits (Montes, Mariliz). (Entered: 01/15/2021) |
| 01/22/2021 | 65 | REPLY to Response to 58 MOTION for Summary Judgment filed by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 01/22/2021) |
| 01/22/2021 | 66 | RESPONSE to Motion re 58 MOTION for Summary Judgment Objection and Response to Vegnani's Statement of Additional Facts in Support of Opposition filed by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 01/22/2021) |
| 03/15/2021 | 67 | ELECTRONIC NOTICE Setting Hearing on Motion. A Motion Hearing on 58 MOTION for Summary Judgment is set for 3/31/2021 at 03:45 PM in Remote Proceeding: Boston before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Montes, Mariliz) (Entered: 03/15/2021) |
| 03/16/2021 | 68 | ADDENDUM re 58 MOTION for Summary Judgment Anthony Vegnani's Motion for Leave to Submit Michael Deleo's March 9, 2021 Bankruptcy Court Testimony for Consideration in Connection with Medlogix's Motion for Summary Judgment filed by Anthony Vegnani. (Callanan, Christopher) (Entered: 03/16/2021) |
| 03/22/2021 | 69 | Opposition re 58 MOTION for Summary Judgment Opposition to Motion for Leave to Submit Additional Testimony filed by Medlogix, LLC. (Calandrelli, Joseph) (Entered: 03/22/2021) |
| 03/31/2021 | 70 | Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Motion Hearing held on 3/31/2021. The court hears the oral argument of counsel re 58 MOTION for Summary Judgment filed by Medlogix, LLC and will take the matter under advisement. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) Modified on 4/1/2021 (Simeone, Maria). (Entered: 04/01/2021) |
| 04/07/2021 | 71 | District Judge Leo T. Sorokin: ORDER entered. Medlogix's Motion for Summary Judgment (Doc. No. 58) is DENIED. (Montes, Mariliz) (Entered: 04/07/2021) |
| 04/07/2021 | 72 | ELECTRONIC NOTICE of Hearing. An Initial Pretrial Conference is set for 4/22/2021 at 02:15 PM in Remote Proceeding: Boston before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Montes, Mariliz) (Entered: 04/07/2021) |
| 04/20/2021 | 73 | NOTICE Resetting a Hearing. The Initial Pretrial Conference set for 4/22/2021 will be held at 02:45 PM in Remote Proceeding: Boston before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against! photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Initial Pretrial Conference set for 4/22/2021 02:45 PM in Remote Proceeding: Boston before District Judge Leo T. Sorokin. (Simeone, Maria) (Entered: 04/20/2021) |
| 04/22/2021 | 74 | Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Initial Pretrial Conference held on 4/22/2021. The court goes over the trial status of the case. The Plaintiff anticipates a jury trial lasting approx 5 days. Defense counsel states the case is a Bench Trial. Both parties are willing to mediate. Counsel are to confer regarding the jury issue and file a joint status report in 2 weeks as to whether you agree or disagree on the issue and how you would like to resolve it and if you would like to attend the courts mediation program, file a one page joint request to be referred or that you intend to mediate privately and have a date set. (Status Report due by 5/6/2021). (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Atty Callanan; Atty Calandrelli) (Simeone, Maria) (Entered: 04/22/2021) |