Massachusetts District Court, Case No. 1:05-cv-10520-RCL:
The Property and Casualty Initiative, LLC, v. United States of America

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No Logo The Property and Casualty Initiative, LLC,, Plaintiff

Frank F. McGinn
Bartlett Hackett Feinberg PC
Phone: +1 617 422 0200

Richard E. Gentilli
Bartlett Hackett Feinberg PC
Phone: +1 617 422 0200
Fax: +1 617 422 2120
E-Mail: reg@bostonbusinesslaw.com

v.
United States of America, Defendant

Rayford A. Farquhar
United States Department of Justice
Phone: +1 617 748 3100
Fax: +1 617 748 3971
E-Mail: rayford.farquhar@usdoj.gov

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Office Boston
Filed 3/18/2005
Jury Demand None
Demand
Nature of Suit 380 - Personal Property: Other
Cause Section 28 U.S.C. § 1346 Tort Claim
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Settled
County Suffolk
Terminated 4/24/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
 -- Filed: 3/18/2005, Entered: 3/21/2005 Summons Issued
Summons Issued as to United States of America. (Stanhope, Don)
 -- Filed: 3/18/2005, Entered: 3/21/2005 Magistrate Judge Assignment
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 Bowler. (Stanhope, Don)
PDF 1 Filed: 3/18/2005, Entered: 3/21/2005 Complaint
COMPLAINT against United States of America Filing fee: $ 250, receipt number 62889, filed by The Property and Casualty Initiative, LLC,. (Attachments: # (1) Civil Cover Sheet # (2) Exhibit A# (3) Exhibit B# (4) Exhibit C# (5) Exhibit D# (6) Exhibit E# (7) Exhibit F# (8) Exhibit G)(Stanhope, Don)
PDF 2 Filed: 3/18/2005, Entered: 3/21/2005 Corporate Disclosure Statement
CORPORATE DISCLOSURE STATEMENT filed by The Property and Casualty Initiative, LLC,. (Stanhope, Don)
PDF 3 Filed: 3/30/2005, Entered: 4/1/2005 Summons Returned Executed as to USA
SUMMONS Returned Executed by The Property and Casualty Initiative, LLC,. United States of America served on 3/22/2005, answer due 5/23/2005. (Stanhope, Don)
PDF 4 Filed: 3/30/2005, Entered: 4/1/2005 Summons Returned Executed as to USA
SUMMONS Returned Executed by The Property and Casualty Initiative, LLC,. United States of America served on 3/23/2005, answer due 5/23/2005. (Stanhope, Don)
PDF 5 Filed: 3/30/2005, Entered: 4/1/2005 Summons Returned Executed as to USA
SUMMONS Returned Executed by The Property and Casualty Initiative, LLC,. United States of America served on 3/24/2005, answer due 5/23/2005. (Stanhope, Don)
PDF 6 Filed: 4/8/2005, Entered: 4/12/2005 Summons Returned Executed as to USA
SUMMONS Returned Executed by The Property and Casualty Initiative, LLC,. United States of America served on 3/28/2005, answer due 5/27/2005. (Stanhope, Don)
PDF 7 Filed: 5/16/2005, Entered: 5/16/2005, Terminated: 5/18/2005 Motion for Extension of Time to File Answer
MOTION for Extension of Time to 06/24/2005 to File Answer or Otherwise Respond to the Complaint by United States of America.(Walcott-Torres, Gina)
 -- Filed: 5/18/2005, Entered: 5/18/2005 Order on Motion for Extension of Time to Answer
Judge Reginald C. Lindsay : Electronic ORDER entered granting [7] Motion for Extension of Time to Answer re [1] Complaint, United States of America answer due 6/24/2005. (Hourihan, Lisa)
PDF 8 Filed: 6/23/2005, Entered: 6/23/2005, Terminated: 6/28/2005 Motion for Extension of Time
Assented to MOTION for Extension of Time to July 15, 2005 by United States of America.(Walcott-Torres, Gina)
 -- Filed: 6/28/2005, Entered: 6/28/2005 Order on Motion for Extension of Time
Judge Reginald C. Lindsay : Electronic ORDER entered granting [8] Motion for Extension of Time to 7/15/05 to file an answer (Hourihan, Lisa)
PDF 9 Filed: 7/15/2005, Entered: 7/15/2005, Terminated: 7/19/2005 Motion for Extension of Time
MOTION for Extension of Time to August 1, 2005 to Respond to the Complaint by United States of America.(Walcott-Torres, Gina)
 -- Filed: 7/19/2005, Entered: 7/19/2005 Order on Motion for Extension of Time
Judge Reginald C. Lindsay : Electronic ORDER entered granting [9] Motion for Extension of Time to Answer to 8/1/05 (Hourihan, Lisa)
PDF 10 Filed: 8/1/2005, Entered: 8/1/2005, Terminated: 8/2/2005 Motion for Extension of Time
MOTION for Extension of Time to August 31, 2005 to Answer or Otherwise Respond to Complaint by United States of America.(Walcott-Torres, Gina)
 -- Filed: 8/2/2005, Entered: 8/2/2005 Order on Motion for Extension of Time
Judge Reginald C. Lindsay : Electronic ORDER entered granting in part and denying in part [10] MOTION for Extension of Time to August 31, 2005 to Answer or Otherwise Respond to Complaint by United States of America. The motion is granted to the extent that it seeks an extension of time for a response to the complaint. However, the extension is given only to August 15, 2005, and no further extensions will be granted.(Lindsay, Reginald)
PDF 11 Filed: 8/9/2005, Entered: 8/9/2005, Terminated: 9/14/2005 Motion for Extension of Time
MOTION for Extension of Time to August 31, 2005 to Answer or Otherwise Respond by The Property and Casualty Initiative, LLC,. (Attachments: # (1) Certificate of Service)(Gentilli, Richard)
PDF 12 Filed: 8/15/2005, Entered: 8/15/2005, Terminated: 9/14/2005 Motion for Reconsideration
MOTION for Reconsideration re Order on Motion for Extension of Time, by United States of America. (Attachments: # (1))(Walcott-Torres, Gina)
PDF 13 Filed: 9/1/2005, Entered: 9/1/2005, Terminated: 9/14/2005 Motion for Extension of Time
Assented to MOTION for Extension of Time to 9/21/05 to Answer or Otherwise Respond to the Complaint by United States of America.(Walcott-Torres, Gina)
PDF 14 Filed: 9/6/2005, Entered: 9/6/2005 Amended Complaint
AMENDED COMPLAINT against United States of America, filed by The Property and Casualty Initiative, LLC,. (Attachments: # (1) Certificate of Service)(Gentilli, Richard)
 -- Filed: 9/14/2005, Entered: 9/14/2005 Order on Motion for Extension of Time
Judge Reginald C. Lindsay : Electronic ORDER entered granting [13] Motion for Extension of Time to Answer or Otherwise Respond to the complaint to 9/21/05 (Hourihan, Lisa)
 -- Filed: 9/14/2005, Entered: 9/14/2005 Order on Motion for Extension of Time
Judge Reginald C. Lindsay : Electronic ORDER entered finding as moot [11] Motion for Extension of Time, finding as moot [12] Motion for Reconsideration (Hourihan, Lisa)
PDF 15 Filed: 9/21/2005, Entered: 9/21/2005, Terminated: 2/21/2006 Motion to Dismiss
MOTION to Dismiss by United States of America.(Walcott-Torres, Gina) Additional attachment(s) added on 9/22/2005 (York, Steve).
PDF 16 Filed: 9/21/2005, Entered: 9/21/2005 Memorandum in Support of Motion
MEMORANDUM in Support re [15] MOTION to Dismiss filed by United States of America. (Attachments: # (1))(Walcott-Torres, Gina) Additional attachment(s) added on 9/22/2005 (York, Steve).
PDF 17 Filed: 9/28/2005, Entered: 9/28/2005, Terminated: 9/29/2005 Motion for Extension of Time to File Response/Repl
MOTION for Extension of Time to October 20, 2005 to File Response/Reply as to [15] MOTION to Dismiss by The Property and Casualty Initiative, LLC,. (Attachments: # (1) Certificate of Service)(Gentilli, Richard)
 -- Filed: 9/29/2005, Entered: 9/29/2005 Order on Motion for Extension of Time to File Resp
Judge Reginald C. Lindsay : ElectronicORDER entered granting [17] Motion for Extension of Time to File Response/Reply re [15] MOTION to Dismiss Responses due by 10/20/2005 (Hourihan, Lisa)
PDF 18 Filed: 10/20/2005, Entered: 10/20/2005 Opposition to Motion
Opposition re [15] MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by The Property and Casualty Initiative, LLC,. (Gentilli, Richard)
PDF 19 Filed: 11/14/2005, Entered: 11/14/2005, Terminated: 11/15/2005 Motion for Leave to File
MOTION for Leave to File Reply Memorandum by United States of America.(Walcott-Torres, Gina)
PDF 20 Filed: 11/14/2005, Entered: 11/14/2005, Terminated: 12/5/2005 Motion for Leave to File
Amended MOTION for Leave to File Reply Memorandum by United States of America.(Walcott-Torres, Gina)
 -- Filed: 11/15/2005, Entered: 11/15/2005 Order on Motion for Leave to File
Judge Reginald C. Lindsay : Electronic ORDER entered terminating [19] Motion for Leave to File Reply Brief as an Amended Motion for Leave filed this date. (Hourihan, Lisa)
PDF 21 Filed: 11/17/2005, Entered: 11/17/2005 Opposition to Motion
Opposition re [20] Amended MOTION for Leave to File Reply Memorandum filed by The Property and Casualty Initiative, LLC,. (Gentilli, Richard)
 22 Filed: 12/5/2005, Entered: 12/7/2005 Order on Motion for Leave to File Court Filing
Judge Reginald C. Lindsay : Electronic ORDER entered granting [20] Motion for Leave to File. Counsel using the Electronic Case Files system should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (York, Steve) Modified on 12/7/2005 (York, Steve).
PDF 23 Filed: 1/4/2006, Entered: 1/4/2006 Notice (Other)
NOTICE by United States of America Substitution of Appearnce (Farquhar, Rayford)
 -- Filed: 1/10/2006, Entered: 1/10/2006 Notice of Hearing on Motion
ELECTRONIC NOTICE of Hearing on Motion [15] MOTION to Dismiss: Motion Hearing set for 2/21/2006 03:00 PM in Courtroom 11 before Judge Reginald C. Lindsay. Be advised, however, that this hearing date is subject to cancellation on forty-eight hours' notice if the court determines for any reason that the hearing will be unnecessary.(Hourihan, Lisa)
 -- Filed: 2/21/2006, Entered: 2/21/2006 Order on Motion to Dismiss
Judge Reginald C. Lindsay : Electronic ORDER entered granting in part and denying in part [15] the United States' Motion to Dismiss. The motion is granted with respect to Count VI for negligent misrepresentation. The motion is also granted with respect to Count II for an unconstitutional taking only so far as that count relies on 42 U.S.C. Section 1983; to the extent that Count II is based solely on the Fifth Amendment, the motion to dismiss that count is denied. The rest of the motion to dismiss is denied. The reasons for these rulings were stated on the record at the hearing. (RCL, law1)
 -- Filed: 2/21/2006, Entered: 2/21/2006 Motion Hearing
Clerk's Notes for proceedings held before Judge Reginald C. Lindsay : Motion Hearing held on 2/21/2006 re [15] MOTION to Dismiss filed by United States of America. The Court heard argument from both parties on the motion to dismiss. The Court granted the motion to dismiss with respect to Count VI alleging negligent misrepresentation, and granted the motion with respect to Count II alleging an unconstitutional taking only to the extent that Count II relies on 42 U.S.C. Section 1983. The Court denied the motion to dismiss with respect to all other counts, including Count II to the extent that it relies solely on the Fifth Amendment. At the hearing the United States raised two additional potential procedural bars to this suit: that the suit was barred by a previous adjudication in this court and that the suit was barred because the plaintiffs failed to file timely after a final denial of their tort claim by the NCUA. As neither of these issues had been briefed by the parties, the Court did not rule on these issues at the hearing. Both parties expressed a desire to attempt mediation and the Court will refer them to a mediator. (Court Reporter D. Womack.) (RCL, law1)
PDF 24 Filed: 2/22/2006, Entered: 2/22/2006 Notice of Scheduling Conference Court Filing
NOTICE of Scheduling Conference Scheduling Conference set for 4/5/2006 02:30 PM in Courtroom 11 before Judge Reginald C. Lindsay. (Hourihan, Lisa)
PDF 25 Filed: 2/22/2006, Entered: 2/22/2006 Order Referring Case to ADR Court Filing
Judge Reginald C. Lindsay : ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(York, Steve)
 -- Filed: 2/28/2006, Entered: 2/28/2006 Notice of assignment to ADR Provider
Electronic Notice of assignment to ADR Provider. Magistrate Judge Timothy S. Hillman appointed. The Court will contact counsel with regard to scheduling.(Tyler, Rebecca)
PDF 26 Filed: 3/29/2006, Entered: 3/29/2006 Joint submission
First JOINT SUBMISSION pursuant to Local Rule 16.1 (Joint Statement) by The Property and Casualty Initiative, LLC,.(Gentilli, Richard)
PDF 27 Filed: 3/29/2006, Entered: 3/29/2006 Joint submission
Second JOINT SUBMISSION pursuant to Local Rule 16.1 (Agenda) by The Property and Casualty Initiative, LLC,.(Gentilli, Richard)
PDF 28 Filed: 3/29/2006, Entered: 3/29/2006 Certification pursuant to Local Rule 16.1
First CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff The Property and Casualty Initiative, LLC and Counsel by The Property and Casualty Initiative, LLC,.(Gentilli, Richard)
PDF 29 Filed: 3/29/2006, Entered: 3/29/2006 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 by United States of America.(Farquhar, Rayford)
PDF 30 Filed: 3/30/2006, Entered: 3/30/2006 Notice of ADR Conference Court Filing
NOTICE of ADR Conference; Alternative Dispute Resolution Hearing set for 4/10/2006 10:00 AM in Courtroom 1 before Magistrate Judge Timothy S. Hillman, cc/cl.(Roland, Lisa)
PDF 31 Filed: 4/3/2006, Entered: 4/3/2006 Answer to Amended Complaint
ANSWER to Amended Complaint by United States of America.(Farquhar, Rayford)
 -- Filed: 4/4/2006, Entered: 4/4/2006 Notice of Rescheduling
NOTICE OF RESCHEDULING Scheduling Conference reset for 5/25/2006 02:30 PM in Courtroom 11 before Judge Reginald C. Lindsay. (Hourihan, Lisa)
PDF 32 Filed: 4/10/2006, Entered: 4/10/2006 Report of Alternative Dispute Resolution Provider
REPORT of Alternative Dispute Resolution Provider. (Roland, Lisa)
 -- Filed: 4/24/2006, Entered: 4/24/2006 Terminated Case
Civil Case Terminated. (Hourihan, Lisa)
PDF 33 Filed: 4/24/2006, Entered: 4/24/2006 Settlement Order of Dismissal Court Filing
Judge Reginald C. Lindsay : ORDER entered. SETTLEMENT ORDER OF DISMISSAL (Hourihan, Lisa)

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