This case was last updated from PACER on 06/06/2016 at 02:39:12 (UTC).

Burbank v. Hubbardston, Town of et al

Case Summary

On 08/07/2015 Burbank filed a Civil Right - Other Civil Right lawsuit against Hubbardston, Town of. This case was filed in U.S. District Courts, Massachusetts District. The Judge overseeing this case is District Judge Timothy S Hillman. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:15-CV-40114

  • Filing Date:

    08/07/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    Massachusetts District

Judge Details

Judge

District Judge Timothy S Hillman

 

Party Details

Plaintiff

Mr. Joshua Ambrose Burbank

Defendants

Officer Kevin Mailman

Hubbardston, Town of

Chief Dennis P Perron

Ronald C Levesque

Officer James Halkola

Attorney/Law Firm Details

Plaintiff Attorney

Michael J. Walsh, Jr.

Attorney at Law Clinic

133 Tolman Road, Po Box 626

Troy, NH 03465

Defendant Attorneys

Gerard T. Donnelly

Attorney at Hassett & Donnelly, P.C.

446 Main Street, 12Th Floor

Worcester, MA 01608

Courtney E. Mayo

Attorney at Hassett & Donnelly, P.C.

446 Main Street, 12Th Floor

Worcester, MA 01608

John B. Stewart

Attorney at Murphy & Manisas, LLP

Suite 301, 20 Maple Street

Springfield, MA 01103

 

Court Documents

#1

(#1) COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-5694806 (Fee Status: Filing Fee paid), filed by Joshua Ambrose Burbank. (Attachments: # 1 Exhibit Police Narrative, # 2 Exhibit M.G.L. c.269, Section 12, # 3 Exhibit Application for Criminal Complaint, # 4 Exhibit Police Inventory of seized items, # 5 Exhibit Criminal Docket: 1363CR00757, # 6 Exhibit Presentment of Claim: c.258, Sec. 4, # 7 Exhibit C.93A Demand Letter)(Walsh, Michael) (Entered: 08/07/2015)

#2

(#2) ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Civil Cover Sheet and a Local Category Form. The forms can be found on the court's website under Resources/Forms. (Burgos, Sandra) (Entered: 08/07/2015)

#3

(#3) Civil Cover Sheet re 1 Complaint by Joshua Ambrose Burbank. (Walsh, Michael) Modified on 8/10/2015 (Burgos, Sandra). (Entered: 08/09/2015)

#4

(#4) Category Sheet re 1 Complaint by Joshua Ambrose Burbank. (Walsh, Michael) Modified on 8/10/2015 (Burgos, Sandra). (Entered: 08/09/2015)

#5

(#5) ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S Hillman 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 David H. Hennessy. (Abaid, Kimberly) (Entered: 08/10/2015)

#6

(#6) Summons Issued as to All Defendants. 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. (Burgos, Sandra) (Entered: 08/10/2015)

#7

(#7) NOTICE of Appearance by John B. Stewart on behalf of Ronald C Levesque (Stewart, John) (Entered: 08/24/2015)

#8

(#8) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ronald C Levesque.(Stewart, John) (Entered: 09/09/2015)

#9

(#9) MEMORANDUM in Support re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ronald C Levesque. (Attachments: # 1 Exhibit Vendor Information 2015)(Stewart, John) (Entered: 09/09/2015)

#14

(#14) ELECTRONIC NOTICE Setting Hearing on Motion 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 11/10/2015 at 3:00PM in Courtroom 2 - Worcester before District Judge Timothy S Hillman. (Castles, Martin) (Entered: 10/01/2015)

#15

(#15) WAIVER OF SERVICE Returned Executed by Hubbardston, Town of. Hubbardston, Town of waiver sent on 8/11/2015, answer due 10/12/2015. (Donnelly, Gerard) (Main Document 15 replaced on 10/14/2015) (Burgos, Sandra). (Entered: 10/09/2015)

#16

(#16) WAIVER OF SERVICE Returned Executed by Dennis P Perron. Dennis P Perron waiver sent on 8/11/2015, answer due 10/12/2015. (Donnelly, Gerard) (Main Document 16 replaced on 10/14/2015) (Burgos, Sandra). (Entered: 10/09/2015)

#17

(#17) WAIVER OF SERVICE Returned Executed by Kevin Mailman. Kevin Mailman waiver sent on 8/11/2015, answer due 10/12/2015. (Donnelly, Gerard) (Main Document 17 replaced on 10/14/2015) (Burgos, Sandra). (Entered: 10/09/2015)

#18

(#18) WAIVER OF SERVICE Returned Executed by James Halkola. James Halkola waiver sent on 8/11/2015, answer due 10/12/2015. (Donnelly, Gerard) (Main Document 18 replaced on 10/14/2015) (Burgos, Sandra). (Entered: 10/09/2015)

#19

(#19) Defendants ANSWER to 1 Complaint, with Jury Demand by James Halkola, Hubbardston, Town of, Kevin Mailman, Dennis P Perron.(Donnelly, Gerard) (Entered: 10/09/2015)

#20

(#20) Electronic Clerk's Notes for proceedings held before District Judge Timothy S Hillman: Motion Hearing held on 11/10/2015 re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ronald C Levesque, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement 8 Motion to Dismiss for Failure to State a Claim; (Court Reporter: Sarah Muburek)(Attorneys present: Walsh/Stewart) (Castles, Martin) (Entered: 11/10/2015)

#21

(#21) District Judge Timothy S Hillman: MEMORANDUM AND ORDER entered granting 8 Motion to Dismiss for Failure to State a Claim. (Castles, Martin) (Entered: 11/19/2015)

#22

(#22) NOTICE of Scheduling Conference. Scheduling Conference set for 2/3/2016 at 2:30PM in Courtroom 2 - Worcester before District Judge Timothy S Hillman. (Castles, Martin) (Entered: 12/30/2015)

10 More Documents Available

 

Docket Entries

  • 12/30/2015
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  • (#22) NOTICE of Scheduling Conference. Scheduling Conference set for 2/3/2016 at 2:30PM in Courtroom 2 - Worcester before District Judge Timothy S Hillman. (Castles, Martin) (Entered: 12/30/2015)

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  • 11/19/2015
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  • (#21) District Judge Timothy S Hillman: MEMORANDUM AND ORDER entered granting 8 Motion to Dismiss for Failure to State a Claim. (Castles, Martin) (Entered: 11/19/2015)

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  • 11/10/2015
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  • (#20) Electronic Clerk's Notes for proceedings held before District Judge Timothy S Hillman: Motion Hearing held on 11/10/2015 re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ronald C Levesque, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement 8 Motion to Dismiss for Failure to State a Claim; (Court Reporter: Sarah Muburek)(Attorneys present: Walsh/Stewart) (Castles, Martin) (Entered: 11/10/2015)

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  • 10/09/2015
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  • (#19) Defendants ANSWER to 1 Complaint, with Jury Demand by James Halkola, Hubbardston, Town of, Kevin Mailman, Dennis P Perron.(Donnelly, Gerard) (Entered: 10/09/2015)

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  • 10/09/2015
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  • (#18) WAIVER OF SERVICE Returned Executed by James Halkola. James Halkola waiver sent on 8/11/2015, answer due 10/12/2015. (Donnelly, Gerard) (Main Document 18 replaced on 10/14/2015) (Burgos, Sandra). (Entered: 10/09/2015)

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  • 10/09/2015
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  • (#17) WAIVER OF SERVICE Returned Executed by Kevin Mailman. Kevin Mailman waiver sent on 8/11/2015, answer due 10/12/2015. (Donnelly, Gerard) (Main Document 17 replaced on 10/14/2015) (Burgos, Sandra). (Entered: 10/09/2015)

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  • 10/09/2015
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  • (#16) WAIVER OF SERVICE Returned Executed by Dennis P Perron. Dennis P Perron waiver sent on 8/11/2015, answer due 10/12/2015. (Donnelly, Gerard) (Main Document 16 replaced on 10/14/2015) (Burgos, Sandra). (Entered: 10/09/2015)

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  • 10/09/2015
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  • (#15) WAIVER OF SERVICE Returned Executed by Hubbardston, Town of. Hubbardston, Town of waiver sent on 8/11/2015, answer due 10/12/2015. (Donnelly, Gerard) (Main Document 15 replaced on 10/14/2015) (Burgos, Sandra). (Entered: 10/09/2015)

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  • 10/01/2015
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  • (#14) ELECTRONIC NOTICE Setting Hearing on Motion 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 11/10/2015 at 3:00PM in Courtroom 2 - Worcester before District Judge Timothy S Hillman. (Castles, Martin) (Entered: 10/01/2015)

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  • 09/30/2015
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  • (#13) RESPONSE to Motion re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joshua Ambrose Burbank. (Attachments: # 1 Supplement certificate of service)(Walsh, Michael) (Entered: 09/30/2015)

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2 More Docket Entries
  • 09/09/2015
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  • (#10) NOTICE of Appearance by Gerard T. Donnelly on behalf of James Halkola, Hubbardston, Town of, Kevin Mailman, Dennis P Perron (Donnelly, Gerard) (Entered: 09/09/2015)

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  • 09/09/2015
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  • (#9) MEMORANDUM in Support re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ronald C Levesque. (Attachments: # 1 Exhibit Vendor Information 2015)(Stewart, John) (Entered: 09/09/2015)

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  • 09/09/2015
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  • (#8) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ronald C Levesque.(Stewart, John) (Entered: 09/09/2015)

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  • 08/24/2015
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  • (#7) NOTICE of Appearance by John B. Stewart on behalf of Ronald C Levesque (Stewart, John) (Entered: 08/24/2015)

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  • 08/10/2015
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  • (#6) Summons Issued as to All Defendants. 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. (Burgos, Sandra) (Entered: 08/10/2015)

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  • 08/10/2015
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  • (#5) ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S Hillman 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 David H. Hennessy. (Abaid, Kimberly) (Entered: 08/10/2015)

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  • 08/09/2015
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  • (#4) Category Sheet re 1 Complaint by Joshua Ambrose Burbank. (Walsh, Michael) Modified on 8/10/2015 (Burgos, Sandra). (Entered: 08/09/2015)

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  • 08/09/2015
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  • (#3) Civil Cover Sheet re 1 Complaint by Joshua Ambrose Burbank. (Walsh, Michael) Modified on 8/10/2015 (Burgos, Sandra). (Entered: 08/09/2015)

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  • 08/07/2015
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  • (#2) ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Civil Cover Sheet and a Local Category Form. The forms can be found on the court's website under Resources/Forms. (Burgos, Sandra) (Entered: 08/07/2015)

    Read MoreRead Less
  • 08/07/2015
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  • (#1) COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-5694806 (Fee Status: Filing Fee paid), filed by Joshua Ambrose Burbank. (Attachments: # 1 Exhibit Police Narrative, # 2 Exhibit M.G.L. c.269, Section 12, # 3 Exhibit Application for Criminal Complaint, # 4 Exhibit Police Inventory of seized items, # 5 Exhibit Criminal Docket: 1363CR00757, # 6 Exhibit Presentment of Claim: c.258, Sec. 4, # 7 Exhibit C.93A Demand Letter)(Walsh, Michael) (Entered: 08/07/2015)

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