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Official Docket entries see entry of judgment near the end of this document.

 

 

 

U.S. District Court

 

U.S. District Court - Massachusetts (Boston)

 

CIVIL DOCKET FOR CASE #: 98-CV-11441

 

Dahill v. Boston Police Depart

 

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)

 

 

 

 

END OF DOCKET: 1:98cv11441

 

 

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