Harvard Real Estate-Allston, Inc. v. Kmart Corporation

Federal Civil Lawsuit Massachusetts District Court, Case No. 1:04-cv-12249-DPW
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Parties
No Logo Harvard Real Estate-Allston, Inc., Plaintiff

Represented by Downing & Flynn

Name Phone Fax E-Mail
Space Randolph C. English +1 617 720 3535 +1 617 742 9130 randy@downingandflynn.com
Space Frank A. Flynn +1 617 720 3535 +1 617 742 9130 frank@downingandflynn.com
No Logo Kmart Corporation, Counter-Claimant
v.
No Logo Kmart Corporation, Defendant

Represented by Craig & Macauley Professional Corporation

Name Phone Fax E-Mail
Space William R. Moorman +1 617 367 9500 +1 617 742 1788 moorman@craigmacauley.com
Space Kathleen Rahbany krahbany@craigmacauley.com
No Logo Harvard Real Estate-Allston, Inc., Counter-Defendant
Attributes
Office Boston
Filed 10/25/2004
Jury Demand Defendant
Demand
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1441 Notice of Removal
Jurisdiction Diversity
Disposition Transfer/Remand - Remanded to State Court
County Middlesex
Terminated 1/14/2005
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
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Memorandum and Order with OCR 41 Filed: 12/27/2005, Entered: 12/27/2005 Memorandum and OrderCourt Filing
Judge Douglas P. Woodlock : MEMORANDUM AND ORDER entered awarding attorney's fees and costs only in the amount of $10,000 to the plaintiff under 28 U.S.C. sec. 1447(c). (Woodlock, Douglas)
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Blank -- Filed: 2/18/2005, Entered: 2/18/2005 Terminate Motions
Motions terminated: [8] MOTION to Remand filed by Harvard Real Estate-Allston, Inc. (Rynne, Michelle)
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Blank -- Filed: 1/27/2005, Entered: 1/27/2005 Notice of correction to docket made by Court staff.
Notice of correction to docket made by Court staff. Correction: Removed docket entry #41 and replaced pfd file in docket entry #40 corrected because: Duplicate entry and inadvertently attached wrong pdf (Nici, Richard)
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Reply to Response to Motion with OCR 40 Filed: 1/25/2005, Entered: 1/25/2005 Reply to Response to Motion
REPLY to Response to Motion re [8] MOTION to Remand Awarding Harvard Attorneys Fees filed by Harvard Real Estate-Allston, Inc.. (Flynn, Frank) Additional attachment(s) added on 1/27/2005 (Nici, Richard).
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Objection with OCR 39 Filed: 1/20/2005, Entered: 1/20/2005 Objection
Objection to Scheduling Conference,, Terminate Motions,, [36] Affidavit /Opposition of Kmart Corporation to Awarding of Expenses and to Affidavit of Plaintiff's Counsel in Regard to Attorney's Fees and Costs. (Rahbany, Kathleen)
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Order with OCR 38 Filed: 1/14/2005, Entered: 1/14/2005 OrderCourt Filing
Judge Douglas P. Woodlock : ORDER OF REMAND entered. Case remanded to the Boston Municipal Court, Brighton Division. (Rynne, Michelle)
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Blank -- Filed: 1/14/2005, Entered: 1/14/2005 Terminated Case
Civil Case Terminated. (Rynne, Michelle)
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Blank -- Filed: 1/13/2005, Entered: 1/13/2005 Scheduling Conference
ElectronicClerk's Notes for proceedings held before Judge Douglas P. Woodlock : Scheduling Conference held on 1/13/2005. Harvard Real Estate shall file forthwith a statement of corporate disclosure; [8] Motion to remand is allowed; Parties shall file by 1/12/05 affidavits re: attorneys' fees related to the filing of this action; Court retains jurisdiction regarding any dispute over attorneys' fees. (Court Reporter Pam Owens.) (Rynne, Michelle)
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Affidavit with OCR 36 Filed: 1/12/2005, Entered: 1/12/2005 Affidavit
AFFIDAVIT of Plaintiff's Attorneys Regarding Remand Legal Fees by Harvard Real Estate-Allston, Inc.. (Flynn, Frank)
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Affidavit with OCR 35 Filed: 1/12/2005, Entered: 1/12/2005 Affidavit
AFFIDAVIT of William R. Moorman, Jr. by Kmart Corporation. (Rahbany, Kathleen)
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Certificate of Consultation with OCR 37 Filed: 1/11/2005, Entered: 1/13/2005 Certificate of Consultation
CERTIFICATE OF CONSULTATION by Randolph C. English, Frank A. Flynn on behalf of Harvard Real Estate-Allston, Inc.. (Nici, Richard)
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Corporate Disclosure Statement with OCR 34 Filed: 1/11/2005, Entered: 1/11/2005 Corporate Disclosure Statement
CORPORATE DISCLOSURE STATEMENT by Harvard Real Estate-Allston, Inc.. (Flynn, Frank)
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Exhibit with OCR 33 Filed: 1/11/2005, Entered: 1/11/2005 Exhibit
EXHIBIT re [26] JOINT STATEMENT re scheduling conference Statement Pursuant to LR D.Mass 16.1(D)(3) of Kmart Corporation by Kmart Corporation. (Rahbany, Kathleen)
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Surreply to Motion with OCR 32 Filed: 1/10/2005, Entered: 1/10/2005 Surreply to Motion
SUR-REPLY to Motion re [10] MOTION to Dismiss filed by Kmart Corporation. (Rahbany, Kathleen)
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Surreply to Motion with OCR 31 Filed: 1/10/2005, Entered: 1/10/2005 Surreply to Motion
SUR-REPLY to Motion re [8] MOTION to Remand filed by Kmart Corporation. (Rahbany, Kathleen)
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Reply to Response to Motion with OCR 28 Filed: 1/7/2005, Entered: 1/7/2005 Reply to Response to Motion
REPLY to Response to Motion re [8] MOTION to Remand filed by Harvard Real Estate-Allston, Inc.. (Flynn, Frank)
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Reply to Response to Motion with OCR 27 Filed: 1/7/2005, Entered: 1/7/2005 Reply to Response to Motion
REPLY to Response to Motion re [10] MOTION to Dismiss Defendant's Counterclaims filed by Harvard Real Estate-Allston, Inc.. (Flynn, Frank)
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Blank -- Filed: 1/7/2005, Entered: 1/7/2005 Terminate Motions
Motions terminated: [25] MOTION for Leave to File filed by Harvard Real Estate-Allston, Inc.,. SEE 01/03/2005 Electronic ORDER entered granting [23] Motion for Leave to File reply, granting [24] Motion for Leave to File reply. The motions are granted only to the extent that replies may be filed (electronically) by 1/7/05 and sur-replies by 1/10/05. (Rynne, Michelle)
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Document disclosure with OCR 29 Filed: 1/6/2005, Entered: 1/10/2005 Document disclosure
Plantiff's initial Document disclosure pursuant to FRCP 26(a)(1) and local rule 26.2(A) by Harvard Real Estate-Allston, Inc..(Nici, Richard)
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Joint statement re scheduling conference with OCR 26 Filed: 1/6/2005, Entered: 1/6/2005 Joint statement re scheduling conference
JOINT STATEMENT re scheduling conference Pursuant to Local Rule 16.1(D). (Rahbany, Kathleen)
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Stipulation with OCR 30 Filed: 1/5/2005, Entered: 1/10/2005 Stipulation
STIPULATION to extend date to respond to Kmart's discovery propounded to Harvard by Harvard Real Estate-Allston, Inc.. (Nici, Richard)
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Blank -- Filed: 1/3/2005, Entered: 1/3/2005 Order on Motion For Leave to File.
Judge Douglas P. Woodlock : ElectronicORDER entered granting [23] Motion for Leave to File reply, granting [24] Motion for Leave to File reply. The motions are granted only to the extent that replies may be filed (electronically) by 1/7/05 and sur-replies by 1/10/05. (Rynne, Michelle)
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Corporate Disclosure Statement with OCR 22 Filed: 12/23/2004, Entered: 12/23/2004 Corporate Disclosure Statement
CORPORATE DISCLOSURE STATEMENT by Kmart Corporation. (Moorman, William)
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Motion for Leave to File with OCR 25 Filed: 12/21/2004, Entered: 1/4/2005 Motion for Leave to File
Revised Assented to MOTION for Leave to File reply brief by January 8,2005 by Harvard Real Estate-Allston, Inc..(Nici, Richard)
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Motion for Leave to File with OCR 24 Filed: 12/20/2004, Entered: 12/23/2004 Motion for Leave to File
Assented to MOTION for Leave to File reply brief by January 18, 2005 re: Harvard's motion to dismiss counterclaims by Harvard Real Estate-Allston, Inc..(Nici, Richard)
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Motion for Leave to File with OCR 23 Filed: 12/20/2004, Entered: 12/23/2004 Motion for Leave to File
Assented to MOTION for Leave to File reply brief by January 18, 2005 re: Harvard's motion to remand by Harvard Real Estate-Allston, Inc..(Nici, Richard)
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Declaration with OCR 21 Filed: 12/16/2004, Entered: 12/16/2004 Declaration
DECLARATION re [17] Opposition to Motion, [20] Opposition to Motion by Kmart Corporation. (Attachments: # (1) Exhibit A-1 (Part 1)# (2) Exhibit Exhibit A-1 (part 2)# (3) # (4) # (5) # (6) # (7) # (8) # (9) # (10) # (11) # (12) # (13) # (14) # (15) # (16) # (17))(Rahbany, Kathleen)
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Opposition to Motion with OCR 20 Filed: 12/16/2004, Entered: 12/16/2004 Opposition to Motion
Opposition re [10] MOTION to Dismiss filed by Kmart Corporation. (Rahbany, Kathleen)
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Affidavit with OCR 19 Filed: 12/16/2004, Entered: 12/16/2004 Affidavit
AFFIDAVIT of S. Jeffrey Stollenwerck re [17] Opposition to Motion by Kmart Corporation. (Rahbany, Kathleen)
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Affidavit with OCR 18 Filed: 12/16/2004, Entered: 12/16/2004 Affidavit
AFFIDAVIT of Anne O'Neill re [17] Opposition to Motion by Kmart Corporation. (Rahbany, Kathleen)
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Opposition to Motion with OCR 17 Filed: 12/16/2004, Entered: 12/16/2004 Opposition to Motion
Opposition re [8] MOTION to Remand filed by Kmart Corporation. (Rahbany, Kathleen)
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Stipulation with OCR 16 Filed: 12/15/2004, Entered: 12/15/2004 Stipulation
STIPULATION re [10] MOTION to Dismiss, [8] MOTION to Remand Permitting Extension of Deadline for Responses to 12/16/04 by Kmart Corporation. (Moorman, William)
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Stipulation with OCR 15 Filed: 12/14/2004, Entered: 12/14/2004 Stipulation
STIPULATION re [10] MOTION to Dismiss, [8] MOTION to Remand Permitting Extension of Deadline for Responses by Harvard Real Estate-Allston, Inc., Kmart Corporation. (Rahbany, Kathleen)
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Blank -- Filed: 12/14/2004, Entered: 12/14/2004 Notice of correction to docket made by Court staff.
Electronic notice of correction to docket made by Court staff. Correction: original document [6], amended answer was too large (over 2MB). Court staff retrieved document from system, split it into small parts and refiled it. (Hurley, Virginia)
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Stipulation with OCR 14 Filed: 12/13/2004, Entered: 12/13/2004 Stipulation
STIPULATION re [10] MOTION to Dismiss, [8] MOTION to Remand Permitting Extension of Deadline for Responses by Harvard Real Estate-Allston, Inc., Kmart Corporation. (Rahbany, Kathleen)
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Blank -- Filed: 12/3/2004, Entered: 12/3/2004 Order on Motion for Extension of Time to File Resp
Judge Douglas P. Woodlock : Electronic ORDER entered granting [12] Motion for Extension of Time to File Response/Reply re [8] MOTION to Remand, [10] MOTION to Dismiss. Responses due by 12/13/2004. (Rynne, Michelle)
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Memorandum in Opposition to Motion with OCR 13 Filed: 12/2/2004, Entered: 12/6/2004 Memorandum in Opposition to Motion
Plantiff's MEMORANDUM in Opposition to Defendant's[12] Emergency MOTION for Extension of Time to 12/13/2004 to File Response/Reply as to [10] MOTION to Dismiss, [8] MOTION to Remand filed by Harvard Real Estate-Allston, Inc.. (Nici, Richard)
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Motion for Extension of Time to File Response/Repl with OCR 12 Filed: 12/2/2004, Entered: 12/2/2004, Terminated: 12/3/2004 Motion for Extension of Time to File Response/Repl
Emergency MOTION for Extension of Time to 12/13/2004 to File Response/Reply as to [10] MOTION to Dismiss, [8] MOTION to Remand by Kmart Corporation.(Moorman, William)
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Memorandum in Support of Motion with OCR 9 Filed: 11/24/2004, Entered: 11/29/2004 Memorandum in Support of Motion
MEMORANDUM in Support of Plantiff's [8] MOTION to Remand the Boston Municipal Court, Brighton Division, and for costs and attorney's fees. filed by Harvard Real Estate-Allston, Inc.. (Nici, Richard)
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Motion to Remand with OCR 8 Filed: 11/24/2004, Entered: 11/29/2004 Motion to Remand
Plantiff's MOTION to Remand to the Boston Municipal Court, Brighton Division, and for costs and attorney's fees persuant to 28 U.S.C. 1447(c) by Harvard Real Estate-Allston, Inc..(Nici, Richard)
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Stipulation with OCR 7 Filed: 11/23/2004, Entered: 11/23/2004 Stipulation
STIPULATION by Kmart Corporation. (Moorman, William)
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Memorandum in Support of Motion with OCR 11 Filed: 11/22/2004, Entered: 11/29/2004 Memorandum in Support of Motion
MEMORANDUM in Support of Plantiff's[10] MOTION to Dismiss Defendant's Counterclaims filed by Harvard Real Estate-Allston, Inc.. (Nici, Richard)
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Motion to Dismiss with OCR 10 Filed: 11/22/2004, Entered: 11/29/2004 Motion to Dismiss
Plantiff's MOTION to Dismiss Defendant's Counterclaims. by Harvard Real Estate-Allston, Inc..(Nici, Richard)
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Legal Document (Payment Possibly Required) 6 Filed: 11/22/2004, Entered: 11/22/2004 Amended Answer to Complaint
AMENDED ANSWER to Complaint related to [2] Answer to Complaint, Counterclaim, COUNTERCLAIM against Harvard Real Estate-Allston, Inc. by Kmart Corporation. (Moorman, William) Original PDF file too large; court staff split document into two parts and refiled the answer on 12/14/2004 (Hurley, Virginia).
Request RequestSpace LREF
Notice of Hearing. with OCR 3 Filed: 11/12/2004, Entered: 11/12/2004 Notice of Hearing.Court Filing
NOTICE of Hearing: Scheduling Conference set for 1/11/2005 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Rynne, Michelle)
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Stipulation with OCR 4 Filed: 11/4/2004, Entered: 11/17/2004 Stipulation
STIPULATION to Extend Date to Answer Discovery Propounded by Plaintiff to Defendant by Harvard Real Estate-Allston, Inc.. (Barrette, Mark)
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state court record with OCR 5 Filed: 11/3/2004, Entered: 11/19/2004 state court record
STATE COURT Record Kmart Corporation served on 10/28/2004, answer due 11/17/2004. (Barrette, Mark)
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Answer with OCR 2 Filed: 11/1/2004, Entered: 11/10/2004 Answer
ANSWER to Complaint with Jury Demand and COUNTERCLAIM against Harvard Real Estate-Allston, Inc. by Kmart Corporation.(Barrette, Mark)
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Notice of Removal with OCR 1 Filed: 10/25/2004, Entered: 10/28/2004 Notice of Removal
NOTICE OF REMOVAL from Boston Municipal Court, case number 200408SU000065. $ 150, receipt number 59592, filed by Kmart Corporation. (Attachments: # (1) Exhibit # (2) Civil Cover Sheet)(Rynne, Michelle)
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Blank -- Filed: 10/25/2004, Entered: 10/28/2004 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 Cohen. (Rynne, Michelle)
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