Case Details

CourtDistrict of Massachusetts
Docket number3:11-cv-30178
Date case filed2011-06-28
Date case closed
Date of latest filing
Assigned toJudge William G. Young
Case cause28:1332 Diversity-Other Contract
Nature of suit190 Contract: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Mitchell Clionsky
Party type: Plaintiff
on behalf himself and all others similarly situated

doing business asNeuro-Psychology Associates of Western Massachusetts,
Attorney name: Andreas A. Kralios
Attorney Contact:
The Law Office of Andy Kralios
Two Mattoon Street
Springfield, MA 01105-1716
413-244-6931
Fax: 413-737-3382
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Kenneth J. Gogel
Attorney Contact:
Gogel & Gogel
2 Mattoon Street
Springfield, MA 01105
413-788-5683
Fax: 413-737-3382
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: CIGNA Corporation
Party type: Defendant
Attorney name: Matthew J. Iverson
Attorney Contact:
DLA Piper US LLP
33 Arch Street
26th Floor
Boston, MA 02110-1447
617-406-6038
Fax: 617-406-6138
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Stefanie J. Fogel
Attorney Contact:
DLA Piper LLP(US)
33 Arch Street
26th Floor
Boston, MA 02110
617-406-6053
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Connecticut General Life Insurance Company
Party type: Defendant
Attorney name: Matthew J. Iverson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Judge Kenneth P. Neiman
Party type: Mediator

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-06-28 COMPLAINT against CIGNA Corporation Filing fee: $ 350, receipt number 0101-3473855 (Fee Status: Filing Fee paid), filed by Mitchell Clionsky. (Attachments: # 1 Civil Cover Sheet Civl Cover Sheet, # 2 JS45 Category Sheet)(Gogel, Kenneth) (Entered: 06/28/2011)
1.1 Civil Cover Sheet Civl Cover Sheet
1.2 JS45 Category Sheet
22011-06-30 Summons Issued as to CIGNA Corporation. 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. (Lindsay, Maurice) (Entered: 06/30/2011)
32011-07-20 WAIVER OF SERVICE Returned Executed by Mitchell Clionsky. All Defendants. (Gogel, Kenneth) (Entered: 07/20/2011)
42011-08-17 NOTICE of Appearance by Matthew J. Iverson on behalf of CIGNA Corporation (Iverson, Matthew) (Entered: 08/17/2011)
52011-08-17 STIPULATION re 1 Complaint Extension of Time to File Responsive Pleading by CIGNA Corporation. (Iverson, Matthew) (Entered: 08/17/2011)
62011-08-17 CORPORATE DISCLOSURE STATEMENT by CIGNA Corporation. (Iverson, Matthew) (Entered: 08/17/2011)
72011-08-22 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Stefanie J. Fogel Filing fee: $ 50, receipt number 0101-3550770 by CIGNA Corporation. (Attachments: # 1 Certificate)(Iverson, Matthew) (Entered: 08/22/2011)
82011-09-26 STIPULATION Regarding Responsive Pleading by CIGNA Corporation. (Iverson, Matthew) (Entered: 09/26/2011)
92011-09-26 NOTICE of Appearance by Andreas A. Kralios on behalf of Mitchell Clionsky (Kralios, Andreas) (Entered: 09/26/2011)
102011-10-06 AMENDED COMPLAINT against CIGNA Corporation, filed by Mitchell Clionsky.(Gogel, Kenneth) (Entered: 10/06/2011)
112011-10-13 Summons Issued as to Connecticut General Life Insurance Company. 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. (Lindsay, Maurice) (Entered: 10/13/2011)
122011-10-13 STIPULATION Regarding Responsive Pleading by CIGNA Corporation, Connecticut General Life Insurance Company. (Iverson, Matthew) (Entered: 10/13/2011)
132011-10-27 ANSWER to 10 Amended Complaint by CIGNA Corporation, Connecticut General Life Insurance Company.(Iverson, Matthew) (Entered: 10/27/2011)
142011-12-12 NOTICE of Scheduling Conference ISSUED, cc:cl. Scheduling Conference set for 1/26/2012 at 11:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. Joint Statement and LR 16.1 certs by 1/23/12. (Healy, Bethaney) (Entered: 12/12/2011)
152012-01-23 JOINT SUBMISSION pursuant to Local Rule 16.1 by Mitchell Clionsky.(Gogel, Kenneth) (Entered: 01/23/2012)
162012-01-23 CERTIFICATION pursuant to Local Rule 16.1 by Mitchell Clionsky.(Gogel, Kenneth) (Entered: 01/23/2012)
172012-01-23 CERTIFICATION pursuant to Local Rule 16.1 . (Iverson, Matthew) (Entered: 01/23/2012)
182012-03-21 NOTICE of Scheduling Conference. Scheduling Conference set for 5/8/2012 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 03/21/2012)
192012-05-21 MOTION for Extension of Time to May 29, 2012 to File Revised Tracking Order by CIGNA Corporation, Connecticut General Life Insurance Company.(Iverson, Matthew) (Entered: 05/21/2012)
202012-05-24 JOINT SUBMISSION pursuant to Local Rule 16.1 Revised Joint Statement by CIGNA Corporation, Mitchell Clionsky, Connecticut General Life Insurance Company.(Kralios, Andreas) (Entered: 05/24/2012)
212012-06-06 Judge William G. Young: ORDER entered. re 20 Revised Joint Statement so ordered as modified as the case management scheduling order. DISCOERY DUE January 14, 2013 and DISPOSITIVE MOTIONS DUE February 11, 2013.(Paine, Matthew) (Entered: 06/06/2012)
222012-09-11 Assented to MOTION for Extension of Time to 10/15/2012 to Complete Discovery by Mitchell Clionsky.(Kralios, Andreas) (Entered: 09/11/2012)
232012-10-15 MOTION to Amend 10 Amended Complaint by Mitchell Clionsky.(Kralios, Andreas) (Entered: 10/15/2012)
242012-10-15 MEMORANDUM in Support re 23 MOTION to Amend 10 Amended Complaint filed by Mitchell Clionsky. (Attachments: # 1 Exhibit Second Amended Complaint)(Kralios, Andreas) (Entered: 10/15/2012)
252012-10-15 MOTION to Certify Class by Mitchell Clionsky.(Kralios, Andreas) (Entered: 10/15/2012)
262012-10-15 MEMORANDUM in Support re 25 MOTION to Certify Class filed by Mitchell Clionsky. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kralios, Andreas) (Entered: 10/15/2012)
272012-10-15 Disclosure pursuant to Rule 26 by Mitchell Clionsky. (Attachments: # 1 Exhibit Expert Report, # 2 Exhibit Expert CV, # 3 Exhibit Expert Fee Schedule)(Gogel, Kenneth) (Entered: 10/15/2012)
282012-10-15 EXHIBIT by Mitchell Clionsky. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I)(Kralios, Andreas) (Entered: 10/15/2012)
292012-10-15 EXHIBIT J, K; + APPX 1, 2 by Mitchell Clionsky. (Attachments: # 1 Exhibit K, # 2 Appendix 1, # 3 Appendix 2)(Kralios, Andreas) (Entered: 10/15/2012)
302012-10-18 Assented to MOTION for Extension of Time to November 16, 2012 to File Response/Reply as to 23 MOTION to Amend 10 Amended Complaint , 25 MOTION to Certify Class by CIGNA Corporation, Connecticut General Life Insurance Company.(Iverson, Matthew) (Entered: 10/18/2012)
312012-10-18 Judge William G. Young: ELECTRONIC ORDER entered granting 30 Motion for Extension of Time to File Response/Reply re 23 MOTION to Amend 10 Amended Complaint , 25 MOTION to Certify Class . Responses due by 11/16/2012. (Gaudet, Jennifer) (Entered: 10/18/2012)
322012-10-25 Joint MOTION for Extension of Time to November 21, 2012 to File Response/Reply as to 23 MOTION to Amend 10 Amended Complaint , 25 MOTION to Certify Class by Connecticut General Life Insurance Company.(Iverson, Matthew) (Entered: 10/25/2012)
332012-10-26 Judge William G. Young: ELECTRONIC ORDER entered granting 32 Joint Motion for Extension of Time to File Response/Reply re 23 MOTION to Amend 10 Amended Complaint , 25 MOTION to Certify Class . Responses due by 11/21/2012. (Gaudet, Jennifer) (Entered: 10/26/2012)
342012-11-21 Opposition re 25 MOTION to Certify Class filed by CIGNA Corporation, Connecticut General Life Insurance Company. (Iverson, Matthew) (Entered: 11/21/2012)
352012-11-21 Opposition re 23 MOTION to Amend 10 Amended Complaint filed by CIGNA Corporation, Connecticut General Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Iverson, Matthew) (Entered: 11/21/2012)
362012-11-21 MOTION for Summary Judgment by CIGNA Corporation, Connecticut General Life Insurance Company.(Iverson, Matthew) (Entered: 11/21/2012)
372012-11-21 MEMORANDUM in Support re 36 MOTION for Summary Judgment filed by CIGNA Corporation, Connecticut General Life Insurance Company. (Iverson, Matthew) (Entered: 11/21/2012)
382012-11-21 NOTICE OF MANUAL FILING by CIGNA Corporation, Connecticut General Life Insurance Company LR 56.1 Statement of Undisputed Facts re 36 MOTION for Summary Judgment (Iverson, Matthew) (Entered: 11/21/2012)
392012-11-21 MOTION to Compel Arbitration - Conditional by CIGNA Corporation, Connecticut General Life Insurance Company.(Iverson, Matthew) (Entered: 11/21/2012)
402012-11-26 ELECTRONIC NOTICE Setting Hearing on Motion 36 MOTION for Summary Judgment : Motion Hearing set for 1/29/2013 02:00 PM before Judge William G. Young. Response due 12/12/2012. Reply brief, if any, is due on or before 12/19/2012. This hearing will take place at Boston College Law School, 885 Centre Street, East Wing, Room 115, Newton, MA. (Gaudet, Jennifer) (Entered: 11/26/2012)
412012-11-27 Judge William G. Young: ELECTRONIC ORDER entered: "denied as untimely" re 23 Motion to Amend (Paine, Matthew) (Entered: 11/27/2012)
422012-11-28 Judge William G. Young: ELECTRONIC ORDER entered granting 22 Assented to MOTION for Extension of Time to 10/15/2012 to Complete Discovery (Paine, Matthew) (Entered: 11/28/2012)
432012-11-30 Joint MOTION for Extension of Time to 01/07/2013 to File Response/Reply as to 36 MOTION for Summary Judgment by CIGNA Corporation, Mitchell Clionsky, Connecticut General Life Insurance Company.(Kralios, Andreas) (Entered: 11/30/2012)
442012-11-30 MOTION for Reconsideration re 41 Order on Motion to Amend by Mitchell Clionsky.(Kralios, Andreas) (Additional attachment(s) added on 12/3/2012: # 1 Exhibit - A, # 2 Exhibit - B, # 3 Exhibit - C) (Paine, Matthew). (Main Document 44 replaced on 12/3/2012) (Paine, Matthew). (Entered: 11/30/2012)
452012-12-05 Judge William G. Young: ELECTRONIC ORDER entered granting 43 Joint Motion for Extension of Time to File Response/Reply re 36 MOTION for Summary Judgment . Responses due by 1/7/2013. Replies, if any, are due by 1/21/2013. (Gaudet, Jennifer) (Entered: 12/05/2012)
462012-12-06 Opposition re 44 MOTION for Reconsideration re 41 Order on Motion to Amend filed by CIGNA Corporation, Connecticut General Life Insurance Company. (Iverson, Matthew) (Entered: 12/06/2012)
472012-12-07 REQUEST FOR ORAL ARGUMENT Letter/request (non-motion) from Andreas A. Kralios, for the Plaintiff . (Kralios, Andreas) (Entered: 12/07/2012)
482012-12-10 Judge William G. Young: ELECTRONIC ORDER entered granting 39 MOTION to Compel Arbitration - Conditional (Paine, Matthew) (Entered: 12/10/2012)
492013-01-07 Opposition re 36 MOTION for Summary Judgment filed by Mitchell Clionsky. (Kralios, Andreas) (Entered: 01/07/2013)
502013-01-07 Statement of Material Facts L.R. 56.1 Contested re 36 MOTION for Summary Judgment filed by Mitchell Clionsky. (Attachments: # 1 Exhibit A (1 of 2), # 2 Exhibit A (2 of 2), # 3 Exhibit B (1 of 2), # 4 Exhibit B (2 of 2), # 5 Exhibit C, # 6 Exhibit D)(Kralios, Andreas) (Main Document 50 replaced on 1/9/2013) (Paine, Matthew). (Modified on 1/9/2013 to Correct Docket Text) (Paine, Matthew). (Entered: 01/07/2013)
512013-01-08 Statement of Material Facts L.R. 56.1 in support of 50 Opposition re 36 MOTION for Summary Judgment i> filed by Mitchell Clionsky. (Kralios, Andreas) Modified on 1/9/2013 to correct the text and to state that this document is a duplicate of the main document contained in document 50 and to link to document 50 . (Finn, Mary). (Entered: 01/08/2013)
522013-01-09 MOTION to Strike Affidavit of Dr. Julie Kessel by Mitchell Clionsky. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kralios, Andreas) (Entered: 01/09/2013)
532013-01-17 REPLY in Support 36 MOTION for Summary Judgment filed by CIGNA Corporation, Connecticut General Life Insurance Company. (Attachments: # 1 Exhibit Ex. A)(Iverson, Matthew) (Modified on 1/22/2013 to Correct Docket Text) (Paine, Matthew). (Entered: 01/17/2013)
542013-01-23 Opposition re 52 MOTION to Strike Affidavit of Dr. Julie Kessel filed by CIGNA Corporation, Connecticut General Life Insurance Company. (Attachments: # 1 Exhibit A)(Iverson, Matthew) (Entered: 01/23/2013)
552013-01-23 MOTION for Leave to File Reply filed by Mitchell Clionsky. (Kralios, Andreas) (Modified on 1/24/2013 to Correct Docket Text and CM/ECF Filing Event) (Paine, Matthew). (Entered: 01/23/2013)
562013-01-28 REFERRING CASE to Alternative Dispute Resolution.(Paine, Matthew) (Entered: 01/28/2013)
572013-01-29 ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 1/29/2013 re 36 MOTION for Summary Judgment filed by CIGNA Corporation, Connecticut General Life Insurance Company. After hearing from the parties, the Court Orders the motion allowed only as to the extent to which the plaintiff agrees, as to all other respect, the motion is denied. The case as to Clionsky will go forward as previously set in June 2013 as an exemplar case - Motion to certify class will remain under advisement until the conclusion of that trial. (Court Reporter: Donald Womack at [email protected])(Attorneys present: Gogel for the pltf., Iverson for the deft.) (Gaudet, Jennifer) (Entered: 01/30/2013)
582013-02-06 Notice of assignment to ADR Provider. Judge Kenneth P. Neiman appointed. Court to contact counsel regarding scheduling. (Garvin, Brendan) (Entered: 02/06/2013)
592013-04-17 Judge William G. Young: ORDER entered. PROCEDURAL ORDER re pretrial/trial. Final Pretrial Conference set for 5/20/2013 02:00 PM in Courtroom 18 before Judge William G. Young.(Gaudet, Jennifer) (Entered: 04/17/2013)
602013-05-07 MOTION in Limine to Exclude Documents Withheld in Discovery and Undisclosed Claims by CIGNA Corporation, Connecticut General Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Iverson, Matthew) (Attachment 5 replaced on 5/13/2013) (Paine, Matthew). (Entered: 05/07/2013)
612013-05-13 MOTION in Limine to Exclude Opinion Testimony by Mitchell Clionsky by CIGNA Corporation, Connecticut General Life Insurance Company.(Iverson, Matthew) (Entered: 05/13/2013)
622013-05-13 MOTION in Limine to Exclude Evidence Concerning Defendants' Documentation Policy by CIGNA Corporation, Connecticut General Life Insurance Company. (Attachments: # 1 Exhibit A)(Iverson, Matthew) (Entered: 05/13/2013)
632013-05-13 MOTION in Limine to Exclude Evidence Concerning Unappealled Claims by CIGNA Corporation, Connecticut General Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Iverson, Matthew) (Entered: 05/13/2013)
642013-05-20 PRETRIAL MEMORANDUM by CIGNA Corporation, Connecticut General Life Insurance Company. (Iverson, Matthew) (Entered: 05/20/2013)
652013-05-20 Defendants' Exhibit List by CIGNA Corporation, Connecticut General Life Insurance Company.. (Iverson, Matthew) (Entered: 05/20/2013)
662013-05-20 Objection by CIGNA Corporation, Connecticut General Life Insurance Company to Plaintiff's Proposed Exhibits. (Iverson, Matthew) (Entered: 05/20/2013)
672013-05-22 Opposition re 60 MOTION in Limine to Exclude Documents Withheld in Discovery and Undisclosed Claims filed by Mitchell Clionsky. (Kralios, Andreas) (Entered: 05/22/2013)
682013-05-22 MOTION for Leave to File Reply in Support Of Motion in Limine by CIGNA Corporation, Connecticut General Life Insurance Company. (Attachments: # 1 Proposed Reply)(Iverson, Matthew) (Entered: 05/22/2013)
692013-05-22 Judge William G. Young: ELECTRONIC ORDER entered granting 68 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Gaudet, Jennifer) (Entered: 05/22/2013)
702013-05-22 REPLY to Response to 60 MOTION in Limine to Exclude Documents Withheld in Discovery and Undisclosed Claims filed by CIGNA Corporation, Connecticut General Life Insurance Company. (Iverson, Matthew) (Entered: 05/22/2013)
712013-05-20 ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Final Pretrial Conference held on 5/20/2013. The parties agree to proceed jury waived. Bench trial set for 6/3/2013 at 9:00 AM and will last four trial days. The Court reviews how the trial will proceed and inquires as to settlement. The Court explains that the goal is to have an outcome from the bench at the conclusion of evidence and closing arguments reserving the right to be more specific in a memorandum to issue at a later date. The plaintiff shall file their opposition to the pending motion in limine re: claims by close of business Wed. May 22nd. Oppositions to the remaining motions in limine are due Thursday, May 30th. (Court Reporter: None.)(Attorneys present: Gogel, Kralios for the pltf., Fogel and Iverson for the deft.) (Gaudet, Jennifer) (Entered: 05/23/2013)
722013-05-22 Judge William G. Young: ORDER entered granting in part and denying in part 60 Motion in Limine to Exclude Documents Withheld in Discovery and Undisclosed Claims. "Motion allowed in part and denied in part. This exemplar trial involves only the 10 identified appeals. Evidence of other cases may, however, be admitted if relevant to show pattern or practice and absence of mistake or neglect." (Gaudet, Jennifer) (Entered: 05/23/2013)
732013-05-28 Set/Reset Hearings: Bench Trial Day One set for 6/3/2013 09:00 AM in Courtroom 18 before Judge William G. Young. Bench Trial Day Two set for 6/4/2013 09:00 AM in Courtroom 18 before Judge William G. Young. Bench Trial Day Three set for 6/5/2013 09:00 AM in Courtroom 18 before Judge William G. Young. Bench Trial Day Four set for 6/7/2013 09:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 05/28/2013)
742013-05-28 MOTION in Limine to Preclude Evidence Regarding Employee Benefit Plans and Plan Administrators not Named as Defendants by Mitchell Clionsky. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kralios, Andreas) (Entered: 05/28/2013)
752013-05-29 MOTION in Limine to Preclude All Testimony by Defendants Newly-Disclosed Witnesses by Mitchell Clionsky. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kralios, Andreas) (Entered: 05/29/2013)
762013-05-30 Opposition re 62 MOTION in Limine to Exclude Evidence Concerning Defendants' Documentation Policy filed by Mitchell Clionsky. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kralios, Andreas) (Entered: 05/30/2013)
772013-05-30 RESPONSE to Motion re 61 MOTION in Limine to Exclude Opinion Testimony by Mitchell Clionsky filed by Mitchell Clionsky. (Gogel, Kenneth) (Entered: 05/30/2013)
782013-05-30 RESPONSE to Motion re 63 MOTION in Limine to Exclude Evidence Concerning Unappealled Claims filed by Mitchell Clionsky. (Attachments: # 1 Exhibit A)(Kralios, Andreas) (Entered: 05/30/2013)
792013-05-30 PLAINTIFF's Exhibit List by Mitchell Clionsky.. (Kralios, Andreas) (Entered: 05/30/2013)
802013-05-30 MOTION for Leave to File Reply by CIGNA Corporation, Connecticut General Life Insurance Company. (Attachments: # 1 Exhibit A)(Iverson, Matthew) (Entered: 05/30/2013)
812013-05-30 Objection by Mitchell Clionsky to Defendants' Exhibit List. (Kralios, Andreas) (Entered: 05/30/2013)
822013-05-31 Opposition re 75 MOTION in Limine to Preclude All Testimony by Defendants Newly-Disclosed Witnesses filed by CIGNA Corporation, Connecticut General Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Iverson, Matthew) (Entered: 05/31/2013)
832013-05-31 Opposition re 74 MOTION in Limine to Preclude Evidence Regarding Employee Benefit Plans and Plan Administrators not Named as Defendants filed by CIGNA Corporation, Connecticut General Life Insurance Company. (Iverson, Matthew) (Entered: 05/31/2013)
842013-05-31 TRIAL BRIEF Including Proposed Findings of Fact and Conclusions of Law by CIGNA Corporation, Connecticut General Life Insurance Company. (Iverson, Matthew) (Entered: 05/31/2013)
852013-05-31 Assented to MOTION for Leave to File a Reply Brief by Mitchell Clionsky. (Attachments: # 1 Exhibit A)(Kralios, Andreas) (Entered: 05/31/2013)
862013-06-03 ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Bench Trial Day One held on 6/3/2013. Opening statements by counsel. Plaintiff's evidence commences with P-1, Dr. Karen Postal (sworn). P-2, Mitchell Clionsky (sworn). Bench trial continued to Tuesday, June 4, 2013 at 9:00 AM. (Court Reporter: Donald Womack at [email protected])(Attorneys present: Kralios, Gogel for the pltf., Iverson, Fogel for the deft.) (Gaudet, Jennifer) (Entered: 06/04/2013)