• File Date

• 03/14/2016
• DCM Track:

• A - Average

• Initiating Action:

• Defamation
• Status Date:

• 03/14/2016
• Case Judge:

• Rufo, Hon. Robert C

• Next Event:

• All Information
• Party
• Event
• Tickler
• Docket
• Disposition

Party Information
Arthur, M.D., Donald C.

- Plaintiff
Alias
Party Attorney
• Attorney

• Beauregard, Esq., Philip N

• Bar Code

• 034780
• Address

• Beauregard Burke & Franco

32 William St
New Bedford, MA 02740
• Phone Number

• (508)993-0333
• Attorney

• Viana, Esq., Matthew

• Bar Code

• 694344
• Address

• Law Offices of Beauregard, Burke & Franco

32 William St
New Bedford, MA 02740
• Phone Number

• (508)993-0333
More Party Information
Volpe, Michael

- Defendant
Alias
Party Attorney
• Attorney

• Pro Se
• Bar Code

• PROPER
• Address
• Phone Number

•
More Party Information
Crime Magazine, LLC

- Defendant
Alias
Party Attorney
More Party Information
Doe, John/Jane

- Defendant
Alias
Party Attorney
 More Party Information

Events
Date Session Location Type

09/27/2016 02:30 PM Second Session Courtroom 2 Rule 12 Hearing

12/15/2016 02:00 PM Second Session Courtroom 2 Motion Hearing to Compel

03/27/2017 02:00 PM Second Session Courtroom 2 Rule 12 Hearing

01/11/2018 02:00 PM Second Session Courtroom 2 Motion Hearing to Compel

Ticklers
Tickler Start Date Due Date

Service 03/14/2016 03/31/2017

Answer 03/14/2016 11/21/2016

Rule 12/19/20 Served By 03/14/2016 07/12/2016

Rule 12/19/20 Filed By 03/14/2016 08/11/2016

Rule 12/19/20 Heard By 03/14/2016 09/12/2016

Rule 15 Served By 03/14/2016 05/08/2017

Rule 15 Filed By 03/14/2016 06/07/2017

Rule 15 Heard By 03/14/2016 06/07/2017

Discovery 03/14/2016 03/05/2018

Rule 56 Served By 03/14/2016 04/03/2018

Rule 56 Filed By 03/14/2016 05/03/2018

Final Pre-Trial Conference 03/14/2016 08/31/2018

 Tickler Start Date Due Date

Judgment 03/14/2016 03/14/2019

Status Review 07/05/2016 08/11/2016

Status Review 07/26/2016 08/24/2018

Under Advisement 03/27/2017 04/26/2017

Status Review 05/08/2017 05/25/2017

Under Advisement 01/11/2018 02/10/2018

Docket Information
Docket Docket Text
Date

03/14/2016 COMPLAINT WITH JURY DEMAND

03/14/2016 Civil action cover sheet filed.

03/30/2016 AMENDED COMPLAINT WITH JURY CLAIM

04/14/2016 SERVICE RETURNED FOR Defendant Volpe, Michael: Service via certified mail; 4/4/16 return

04/19/2016 Pleading titled, "Background" - purported Answer, filed with the court on 04/19/2016, returned to
of Civil Procedure 7, 8, 9, 10 and 11 and is not acceptable for docketing. Clerk's Notices mailed o

05/02/2016 Pleading titled, Motion to dismiss: lack of personal jurisdiction, filed with the court on 04/28/201

05/11/2016 Pleading titled, Motion to dismiss: lack of personal jurisdiction,, filed with the court on 05/09/201
attached)

05/26/2016 Plaintiff(s) Donald C Arthur, M.D. motion filed for Letters Rogatory

05/26/2016 Affidavit of compliance with Superior Court Rule 9A no opposition Applies To: Viana, Esq., Mat

05/31/2016 SERVICE RETURNED for Defendant Crime Magazine, LLC: Service via resident agent on 05/1
 Docket Docket Text
Date

06/08/2016 Endorsement on Motion for letters rogatory (#5.0): ALLOWED (copy to PB and MV)

06/08/2016 Letters Rogatory (attested copy to PB)

06/13/2016 Plaintiff Donald C Arthur, M.D.'s Motion to extend time for service of process

06/15/2016 Endorsement on Motion to extend time for service of process (#8.0): ALLOWED Notice to PNB

06/16/2016 Donald C Arthur, M.D.'s request for Default 55(a) Applies To: Crime Magazine, LLC (Defendant

06/17/2016 Pleading titled, Defendant, Michael Volpe's Motion for Summary Judgment, filed with the court o
Superior Court Rule 9A.

06/21/2016 Endorsement on Request for Default 55(a) as to Crime Magazine, LLC (#9.0): ALLOWED

06/21/2016 DEFAULT ORDER Mass. R. Civ. P. 55(a) as to deft., Crime Magazine, LLC Mailed to PNB, MV

06/27/2016 Donald C Arthur, M.D.'s request for Default 55(a) Applies To: Volpe, Michael (Defendant)

07/01/2016 Pleading titled, Defendant Michael Volpe's motion for summary judgment, filed with the court on
pursuant to Superior Court Rule 9A (copy of notice to PNB)

07/05/2016 Pleading titled, affidavit for Defendant Michael Volpe -opposition to request for default, filed wit
accept filing. Defendant needs to file motion for leave to file affidavit. Any motions filed with the
default. Will need motion to remove default and file answer or responsive pleading late. Please se

07/05/2016 Defaulted by 55(a) request: Defendant Michael Volpe (copy to MVolpe and MAV) (7/12/16 Defa
MV, CM,LLC

07/11/2016 Defendant Michael Volpe's Motion to dismiss all counts

07/11/2016 Opposition to (#13) Deft., Michael Volpe's motion to dismiss filed by Donald C Arthur, M.D.

07/12/2016 Affidavit of compliance with Superior Court Rule 9A Applies To: Volpe, Michael (Defendant)

07/14/2016 Plaintiff Donald C Arthur, M.D.'s Motion to strike

07/14/2016 Affidavit of No Opposition

 Docket Docket Text
Date

07/15/2016 Defendant Michael Volpe's Request for Lack of Personal Jurisdiction

07/15/2016 The following form was generated: Notice to Appear Sent On: 07/15/2016 16:19:14

07/19/2016 Defendant Michael Volpe's Motion to File Response to Plaintiff's request for Default Judgment

07/19/2016 Affidavit of compliance with Superior Court Rule 9A Applies To: Volpe, Michael (Defendant)

07/21/2016 Plaintiff Donald C Arthur, M.D.'s EMERGENCY Motion to extend time for Filing Motion for As

07/25/2016 Rule 9A list of documents filed.

07/25/2016 Opposition to Plaintiff's Motion to Strike (P#14) filed by Michael Volpe (Not compliant with Rul

07/25/2016 Affidavit of compliance with Superior Court Rule 9A Applies To: Volpe, Michael (Defendant)

07/26/2016 Endorsement on Motion to Defer Assessment of Damages as to Defendant Crime Magazine, LLC

08/01/2016 Pleading titled, Pleading: Failure to State a Claim, filed with the court on 08/01/2016, returned to
filed pursuant to Superior Court Rule 9A, a copy of which is enclosed.

08/04/2016 Pleading titled, Defendant, Michael Volpe's opposition to plaintiff's request for documents and Pl
for filing., filed with the court on 08/04/2016, returned to Pro Se

08/08/2016 General correspondence regarding Defendant, Michael Volpe's, request to conduct hearing by pho

08/10/2016 Pleading titled, Deft., Michael Volpe's, opposition to plaintiff's motion for authorization to obtain
identity via discovery, filed with the court on 08/09/2016, returned to Michael Volpe Mr. Volpe is
party is filing this motion pursuant to SC Rule9A and once the period has passed for the Rule 9A

08/16/2016 Endorsement on Request to conduct hearing by phone by Michael Volpe (#19.0): DENIED (copy

08/19/2016 Defendant Michael Volpe's Motion to dismiss all counts

08/19/2016 Opposition to motion to dismiss for failure to state a claim filed by Donald C Arthur, M.D.

08/24/2016 Plaintiff(s) Donald C Arthur, M.D. motion filed for Authorization to Obtain Identity Via Discove
 Docket Docket Text
Date

08/24/2016 Donald C Arthur, M.D.'s Memorandum in support of motion to obtain identity through discovery

08/24/2016 Affidavit of Donald C Arthur, MD

08/24/2016 Opposition to motion to obtain identity filed by Michael Volpe

08/24/2016 Brief filed: Reply to Defendants Opposition to Plaintiff's Motion for Authorization to Obtain Disc
Applies To: Viana, Esq., Matthew (Attorney) on behalf of Arthur, M.D., Donald C (Plaintiff)

08/26/2016 Notice to Appear for hearing on motions to dismiss, motion to strike and motion for authorization

08/29/2016 Pleading titled, Defendant's Reply to Plaintiff's Reply to Defendant's Opposition to Plaintiff's Mot
the court on 08/29/2016, returned to Michael Volpe This submission does not comply with the op
"Where the opposition raises matters that were not and could not reasonably have been addressed
reply memorandum not to exceed five typed double-spaced pages, which shall be limited to addre
leave of court, which is strongly disfavored." Additionally, no "reply" was submitted by plaintiff
plaintiff desire to file such a reply at this time. Clerk's Notices mailed on 08/30/2016 to PNB and

08/29/2016 Plaintiff Donald C Arthur, M.D.'s Motion to extend time for service of process of John/Jane Doe

08/29/2016 Affidavit of No Opposition

08/30/2016 Endorsement on Motion to extend time for service of process on John/Jane Doe (#22.0): ALLOW
Clerk's Notices mailed on 08/31/2016 to PNB and MV.

09/14/2016 Pleading titled, Plaintiff's motion to compel production of documents and award attorney's fees, w
is not complying with SC Rule 9A procedure. Deft. is to send opposition to plaintiff. Once plainti
to the Court., filed with the court on 09/14/2016, returned to Michael Volpe (copy of notice to ma

09/19/2016 Plaintiff(s) Donald C Arthur, M.D. motion filed to compel Production of Documents and for awar

09/19/2016 Donald C Arthur, M.D.'s Memorandum in support of motion to compel and for Attorney's fees

09/19/2016 Opposition to motion to compel and for Attorney's fees and CROSSMOTION to deem Plaintiff a

09/19/2016 Opposition to to cross motion of Defendant Michael Volpe filed by Donald C Arthur, M.D.
 Docket Docket Text
Date

09/26/2016 Pleading titled, Defendant's Motion to Reconsider Request to Conduct 9/27/2016 Hearing By Pho
submission does not comply with the opposition procedure set forth in Superior Court Rule 9A.

09/27/2016 APPEARANCE FILED by Brian J. Wasser, Esq., for Michael Volpe

09/27/2016 Endorsement on Motion to strike (#14.0): No Action Taken Clerk's Notices mailed on 09/30/2016

09/27/2016 Endorsement on Motion to dismiss all counts (#20.0): for failure to state a claim Withdrawn by co

09/27/2016 Endorsement on motion to (#21.0): Obtain Identity Via Discovery No Action Taken Motion for P
to PNB and BJW.

09/29/2016 Plaintiff(s) Donald C Arthur, M.D. EMERGENCY motion filed for a Preservation Order

09/29/2016 Endorsement on motion for (#24.0): a Preservation Order ALLOWED

09/29/2016 ORDER: Preservation Order to Comcast Communications, LLC. (certified copy sent to BJW, PN

10/26/2016 Plaintiff(s) Donald C Arthur, M.D. motion filed for Authorization to Obtain Identity Via Discove

10/26/2016 Donald C Arthur, M.D.'s Memorandum in support of motion for Authorization to Obtain Identity

10/26/2016 Plaintiff(s) Donald C Arthur, M.D. motion filed for Letters Rogatory

10/26/2016 Affidavit of compliance with Superior Court Rule 9A Applies To: Arthur, M.D., Donald C (Plain

10/31/2016 Plaintiff Donald C Arthur, M.D.'s Motion to extend time for service of process To 01/31/2017

10/31/2016 Affidavit of compliance with Superior Court Rule 9A (no opposition) with List of Documents Ap
Donald C (Plaintiff)

11/10/2016 Endorsement on motion for (#27.0): Authorization to Obtain Identity via Discovery ALLOWED

11/10/2016 Endorsement on motion for Letters Rogatory (#27.2): ALLOWED Copy to BJW, PNB

11/10/2016 ORDER: For Authorization to Obtain Identity Via Discovery

11/10/2016 ORDER: for Letters Rogatory

 Docket Docket Text
Date

11/10/2016 Endorsement on Motion to extend time for service of process to 1/31/2017 (#28.0): ALLOWED C

11/10/2016 Plaintiff(s) Donald C Arthur, M.D. motion filed to compel Production of Documents and Award A

11/10/2016 Donald C Arthur, M.D.'s Memorandum in support of P#31, Motion to Compel Production of Doc

11/10/2016 Affidavit of Matthew A. Viana, Esq.

11/10/2016 Affidavit of Donald C. Arthur, M.D.

11/10/2016 Defendant(s) Michael Volpe Cross motion filed to strike P#31,Motion for Production of Documen

11/10/2016 Opposition to P#31.4, Defendant's Cross Motion to Strike, filed by Donald C Arthur, M.D.

11/10/2016 Affidavit of Matthew A. Viana, Esq.

11/10/2016 Affidavit of compliance with Superior Court Rule 9A with List of Documents and Certificate of S
M.D., Donald C (Plaintiff)

11/21/2016 Defendant's Notice of intent to file motion to Dismiss Applies To: Volpe, Michael (Defendant)

11/22/2016 The following form was generated: Notice to Appear Sent On: 11/22/2016 11:52:31

12/01/2016 Defendant Michael Volpe's Motion to dismiss amended complaint for Lack of Personal Jurisdictio

12/01/2016 Michael Volpe's Memorandum in support of Motion to Dismiss for Lack of Personal Jurisdiction.

12/01/2016 Affidavit of Michael Volpe in Support of Motion to Dismiss

12/01/2016 Affidavit of Donald C. Arthur, M.D. dated July 19, 2016.

12/01/2016 Donald C Arthur, M.D.'s Memorandum in opposition to Defendant Michael Volpe's Motion to Di

12/01/2016 Affidavit of Donald C. Arthur, M.D. dated July 28, 2016.

12/01/2016 Certificate of Compliance Superior Court Rule 9A with Certificate of Service.

 Docket Docket Text
Date

12/14/2016 Notice to Appear for Hearing on Motion to Dismiss 3/27/2017 at 2:00pm. Copy to PNB, BJW, CM

12/15/2016 Affidavit of compliance with Superior Court Rule 9C Applies To: Arthur, M.D., Donald C (Plaint

12/15/2016 Endorsement on motion to compel Production of Documents (#31.0): and to Award Attorney's Fe
fees. Clerk's Notices mailed on 12/21/2016 to PNB and BJW.

12/15/2016 Endorsement on motion to strike (#31.4): P#31, motion to compel production of documents DEN

01/30/2017 Plaintiff Donald C Arthur, M.D.'s EMERGENCY Motion to extend time for service of process as

01/30/2017 Endorsement on Motion to extend time for service of process as to defendant, John/Jane Doe (#35
to MV, BJW on 1/30/17

05/08/2017 MEMORANDUM & ORDER: For the reasons stated herein, it is hereby ORDERED that Michae
DENIED. (See image for full text). Attested copies mailed with Clerk's Notices on 05/09/2017 to

06/02/2017 Donald C. Arthur, M.D.'s request for Default 55(a) Applies To: Volpe, Michael (Defendant)

06/05/2017 ORDER OF DISMISSAL (1-88), service not completed for some parties by deadline review: App

06/08/2017 Endorsement on Request for Default 55(a) as to deft., Michael Volpe (#37.0): ALLOWED (copy

06/08/2017 Defendant Volpe, Michael: Defaulted by 55(a) request (copy mailed to PNB, MV, BJW, CM,LLC

07/07/2017 Defendant Michael Volpe's Motion to vacate default and request for sanctions

07/07/2017 Opposition to to motion to vacate default filed by Donald C. Arthur, M.D.

07/07/2017 Brief filed: Reply to plaintiffs opposition to defendants motion to remove default Applies To: Vol

07/07/2017 Defendant Michael Volpe's Motion for Reconsideration of defendant's Motion to Dismiss

07/10/2017 Pleading titled, Defendants 9A package with answer and cross-motion, filed with the court on 07/
judgment, so no opposition or cross-motion can be filed. Also defendant is in default and needs to
motions can be filed.
 Docket Docket Text
Date

07/10/2017 Plaintiff Donald C. Arthur, M.D.'s EMERGENCY Motion to extend time for filing a motion for A
Volpe

07/12/2017 Endorsement on Motion to Vacate Default and for Sanctions (#40.0): ALLOWED the default is v

07/12/2017 Endorsement on Motion for Reconsideration of defendant's Motion to Dismiss (#40.3): DENIED

07/12/2017 Endorsement on Motion to Enlarge the time to file a Motin to Assessment of Damages and Defau
endorsement at #40.0. Notice to MV, BJW, CM on 7/12/17

07/12/2017 ANSWER WITH JURY CLAIM Received from Defendant Volpe, Michael by Brian J. Wasser

07/27/2017 Attorney Brian J Wasser, Esq.'s motion to withdraw as counsel of record for party Applies To: Vo

07/27/2017 Opposition to to motion to withdraw filed by Donald C. Arthur, M.D.

07/27/2017 Brief filed: Reply to opposition to motion to withdraw Applies To: Wasser, Esq., Brian J (Attorne

08/04/2017 Attorney appearance On this date Brian J Wasser, Esq. dismissed/withdrawn as Private Counsel f

08/07/2017 Endorsement on Motion to (#43.0): withdraw as counsel for defendant ALLOWED

11/30/2017 Defendant(s) Michael Volpe motion filed to compel Production of Documents

11/30/2017 Michael Volpe's Memorandum in support of P #44.0

11/30/2017 Opposition to P #44.0 filed by Donald C. Arthur, M.D. with CROSS-MOTION for Protective Ord

12/12/2017 Notice to Appear for Hearing on Defendants motion to Compel and Cross-Motion for Protective O

01/11/2018 Endorsement on motion to compel Production of Documents (#44.0): ALLOWED as to the two tr
signed off by the deft. (copy mailed to PNB, MV, CMI 2/9/18) Judge: Rufo, Hon. Robert C

02/06/2018 Endorsement on motion to compel Production of Documents (#44.0): ALLOWED the Protective
Rufo, Hon. Robert C

02/06/2018 ORDER: Protective Order re motion to compel production of documents (copy mailed to PNB, M
 Docket Docket Text
Date

04/02/2018 Pleading titled, Motion to Dismiss, filed with the court on 04/02/2018, returned to Michael Volpe

04/11/2018 Notice of voluntary dismissal (41a.l.i) as to Defendant Crime Magazine, LLC. only. copy to: PB,M

05/04/2018 Rule 9A list of documents filed.

05/04/2018 Defendant Michael Volpe's Motion to dismiss all counts

05/04/2018 Opposition to to defendant's motion to dismiss filed by Donald C. Arthur, M.D.

05/04/2018 Rule 9A notice of filing Applies To: Volpe, Michael (Defendant)

05/18/2018 Endorsement on Motion to dismiss all counts (#47.1): DENIED (See image for endorsement). Cle
Robert C

05/31/2018 Plaintiff(s) Donald C. Arthur, M.D. motion filed for sanctions due to Defendant's refusal to attend

05/31/2018 Opposition to motion for sanctions filed by Michael Volpe

05/31/2018 Brief filed: Reply to opposition to motion for sanctions Applies To: Arthur, M.D., Donald C. (Pla

06/11/2018 Endorsement on Motion for sanctions (#48.0): Other action taken Defendant is ordered to pay sten
service rendered on 5/3/2018. Defendant's deposition to take place in or within 45 days, upon pro
and including defaults pursuant to Mass. R. Civ. P. 37 (d). Copy mailed to MV, PNB, MV Judge:

06/15/2018 Plaintiff Michael Volpe's Motion to Recuse Plaintiff's Attorney

06/15/2018 Opposition to Recuse Plaintiff's Attorney filed by

06/18/2018 Endorsement on Motion to Recuse Plaintiff's Attorney (#49.0): DENIED Clerk's Notice sent to PN

07/30/2018 Defendant Michael Volpe's Motion to Show Cause why Plaintiff should not be held in Contempt
Discovery

07/30/2018 Opposition to P #50.0 filed by Donald C. Arthur, M.D.

07/30/2018 Defendant Michael Volpe's Reply to P #50.1

 Docket Docket Text
Date

08/03/2018 Endorsement on Motion to Show Cause why Plaintiff should not be held in Contempt of Court fo
(#50.0): DENIED After review of the motion, opposition filed in response and the defendant's rep
Hon. Robert C

Case Disposition
Disposition Date Case

Pending Rufo, H

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