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O'Keefe et al. v. Read et al. public docket

O'Keefe et al. v. Read et al.Paul O'Keefe Individually and Personal Rep of the Estate of John Joseph O'Keefe III et al vs. C&C Hospitality, LLC d/b/a C.F. Mccarthy's et al

2483CV00692Plymouth CountyWrongful Death
Next event
Aug 69:45 AM
Next deadline
Aug 17
Oct 31, 2024#26
MEMORANDUM & ORDER: For the foregoing reasons, it is hereby ORDERED that Defendant Karen Read's Motion to Stay Civil Proceedings Pending Resolution of Criminal Trial; Defendant Waterfall Bar and Grill, Ltd d/b/a Waterfall Bar & Grill's Motion to Stay Pending Resolution of Related Criminal Trial; and Defendants C & C Hospitality, LLC d/b/a C.F. McCarthy's and G&S Hospitality, LLC d/b/a C.F. McCarthy's Motion to Stay be ALLOWED to the extent that the scheduled deposition of defendant Karen Read and other discovery from defendant Karen Read are STAYED pending the retrial in Commonwealth v. Karen Read, Docket Number 2282CR00117. In all other respects, the defendants' motion to stay are DENIED. Judge: White, Jr., Hon. William M
26
Sep 19, 2025#41
ORDER: ON MEDIA PROTOCOL AND COVERAGE Plymouth County Superior Court, Main Courtroom, or other courtroom as may be utilized for any proceeding in this case, will remain an open courtroom, pursuant to the constitutional rights of the parties and the public to open trials in the Commonwealth. In an effort to ensure the integrity of any of the proceedings in this civil action, and to promote the safety and security of all parties, their representatives and all courthouse personnel and attending members of the public, the court issues the following Order pursuant to the authority of Supreme Judicial Court Rule 1:19: 1. Media representatives, reporters, journalists, and anyone else claiming status as a journalist under Rule 1:19 shall be required to sign in at the courthouse each day in a manner determined by the Clerk of court, and to show proof of registration with the Supreme Judicial Court Public Information Office. There shall be a designated seating area for media in the courtroom. Anyone leaving the courtroom during any proceeding may lose their seat and may not be permitted re-entry unless there is available seating. 2. Filming, streaming, photographing, recording, transmitting or broadcasting of any court proceedings shall occur only through pool arrangements in accordance with Rule 1:19. The court shall permit one stationary mechanically silent television broadcast or streaming camera and one still photography camera during each court proceeding. Pool cameras and camera operators shall be in place prior to the start of the session and equipment shall not be dismantled while the court is in session. The camera operator and other members of the media pool shall not interrupt court proceedings. 3. Filming, streaming, photographing, recording, transmitting or broadcasting of any kind shall not take place until the court is called into session (when the judge enters the courtroom and takes the bench) and shall immediately cease (be shut off or deactivated) during court recesses and upon adjournment each day. 4. Except as permitted in Nos. 1 and 2 above, no person is permitted to film, photograph, record, and stream, transmit or broadcast court proceedings at any time through photographic or electronic recording devices (including still or video cameras, cell phones, smart phones, tablets, laptops, audio recording or transmitting devices, or any other electronic device with audio/visual communication capabilities). Except as permitted in Nos. 1 and 2, no person is permitted to use any electronic device with communication capabilities to submit updates to social media during any of the court proceedings. 5. In accordance with Rule 1:19, no person is permitted to record, transmit or broadcast side bar conferences between the judge and counsel, conferences between counsel, and conferences between counsel and their client(s) at any time. The pool camera operator shall pause or disengage the audio component of the pool cameras during side bar conferences. All microphones shall be shut off during side bar conferences (note that side bar conferences will still be recorded as part of the court proceedings). The pool camera operator shall not manipulate the camera's zoom and focus to reveal, accidentally or otherwise, documents of attorneys, the clerk of the court, or the judge. 6. Media requests for inspection or copies of exhibits shall be made on a form or in a manner prescribed by the clerk of court. The clerk's office shall make reasonable efforts to accommodate such requests in a timely manner, subject to court operations. Original exhibits shall remain in the custody or under the control of the clerk at all times. 7. In accordance with Rule 1:19(2)(b), the court prohibits the filming or photographing of any juror or prospective juror at any time, including during court proceedings and any court-conducted view. No person shall contact, follow, interview, or communicate in any way with a juror prior to the discharge of the jury or otherwise harass or tamper with a juror. 8. The court otherwise defers issuing any further specific Orders relative to jury empanelment and trial procedures until such time as a final trial conference is held. 9. All persons subject to this Order, including all media representatives, reporters and journalists are prohibited from interviewing or attempting to interview any person in the courtroom or courthouse. No person shall interview with intent to relay, transmit, or distribute publicly the contents of that interview, any other person in the courtroom or courthouse. The court prohibits any person from taking photographs, filming, recording, or broadcasting events occurring outside the courtroom in other areas of the courthouse. 10. Court officers or court personnel are authorized by this Order to secure any area which they deem necessary or appropriate to ensure the proper operation of court proceedings and the well-being of any person(s) present. 11. A violation of any of the provisions of this Order may constitute contempt of court. Court officers may eject or exclude entry to any person believed to have violated any provision of this Order. SO ORDERED, (O'Shea, J.) Document sent as notice on: 09/19/2025 16:18:47 Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: John A Donovan, III, Esq. jdonovan@sloanewalsh.com Notice Sent To Attorney: David F Hassett, Esq. dhassett@hassettdonnelly.com Notice Sent To Attorney: John M Dealy, Esq. jdealy@hassettdonnelly.com Notice Sent To Attorney: Casey L McCaffrey, Esq. cmccaffrey@hassettdonnelly.com Notice Sent To Attorney: William L Keville, Jr., Esq. wkeville@melicklaw.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Charles Waters, Esq. cwaters@sheehan.com Notice Sent To Attorney: Christopher George, Esq. cgeorge@melicklaw.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Alan Jackson Ajackson@werksmanjackson.com Notice Sent To Attorney: Elizabeth S Little Elittle@werksmanjackson.com Notice Sent To Attorney: Marissa K Palladini, Esq. mpalladini@melicklaw.com Notice Sent To Attorney: Caleb E. Mason, Esq. Cmason@weksmanjackson.com
41
Oct 3, 2025#42
MEMORANDUM & ORDER: ON DEFENDANTS' PARTIAL MOTIONS TO DISMISS PURSUANT TO MASS R. CIV. P. 12(b)(6) (Paper Nos: 37, 37.3, 37.4) Wherefore, the defendants' motions are ALLOWED as to the negligent infliction of emotional distress claim asserted by Kayley and DENIED as to their claims for reckless and/or intentional infliction of emotional distress. The defendants' motions are DENIED in all other respects. Judge: O'Shea, Hon. Daniel J Document sent as notice on: 10/03/2025 16:05:57 Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: Kevin Bergin, Esq. kevin.bergin@us.dlapiper.com Notice Sent To Attorney: John A Donovan, III, Esq. jdonovan@sloanewalsh.com Notice Sent To Attorney: David F Hassett, Esq. dhassett@hassettdonnelly.com Notice Sent To Attorney: John M Dealy, Esq. jdealy@hassettdonnelly.com Notice Sent To Attorney: Casey L McCaffrey, Esq. cmccaffrey@hassettdonnelly.com Notice Sent To Attorney: William L Keville, Jr., Esq. wkeville@melicklaw.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Charles Waters, Esq. cwaters@sheehan.com Notice Sent To Attorney: Christopher George, Esq. cgeorge@melicklaw.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Alan Jackson Ajackson@werksmanjackson.com Notice Sent To Attorney: Elizabeth S Little Elittle@werksmanjackson.com Notice Sent To Attorney: Marissa K Palladini, Esq. mpalladini@melicklaw.com Notice Sent To Attorney: Caleb E. Mason, Esq. Cmason@weksmanjackson.com
42
Nov 14, 2025#52
ORDER: for Special Assignment (Assigning to Honorable Mark C. Gildea for all purposes) Judge: Ricciuti, Hon. Michael D Document sent as notice on: 11/14/2025 14:33:32 Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: John A Donovan, III, Esq. jdonovan@sloanewalsh.com Notice Sent To Attorney: David F Hassett, Esq. dhassett@hassettdonnelly.com Notice Sent To Attorney: John M Dealy, Esq. jdealy@hassettdonnelly.com Notice Sent To Attorney: Casey L McCaffrey, Esq. cmccaffrey@hassettdonnelly.com Notice Sent To Attorney: Thomas M Tang, Esq. ttang@tangmaravelis.com Notice Sent To Attorney: Arthur Evan Maravelis, Esq. amaravelis@tangmaravelis.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Charles Waters, Esq. cwaters@sheehan.com Notice Sent To Attorney: Sarah Anne Shipley, Esq. sshipley@tangmaravelis.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Michael William Bell, Esq. mbell@tangmaravelis.com Notice Sent To Attorney: Alan Jackson Ajackson@werksmanjackson.com Notice Sent To Attorney: Elizabeth S Little Elittle@werksmanjackson.com Notice Sent To Attorney: Caleb E. Mason, Esq. Cmason@weksmanjackson.com
33
Nov 19, 2025#54.1
ORDER: RE: Conference to Review Status scheduled for November 21, 2025 On November 14, 2025, I ordered that the Conference to Review Status, scheduled for Friday, November 21, 2025, be held virtually. See attached Order. The Court not having received any request for a "hybrid" proceeding under section 5 of Superior Court Standing Order 1-22 - Videoconferencing of Court Events, any person appearing at the Plymouth County Superior for this matter shall be provided with a copy of this Order and informed that they may participate/observe such hearing by Zoom.
54.1
Dec 17, 2025#59
ORDER: Regarding Motions to Compel and Hearing Judge: Gildea, Hon. Mark Document sent as notice on: 12/17/2025 13:54:16 Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Bibianne U. Fell Bibi@fellfirm.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: Alexandra M Beaton, Esq. ambeaton@peabodyarnold.com Notice Sent To Attorney: John A Donovan, III, Esq. jdonovan@sloanewalsh.com Notice Sent To Attorney: David F Hassett, Esq. dhassett@hassettdonnelly.com Notice Sent To Attorney: John M Dealy, Esq. jdealy@hassettdonnelly.com Notice Sent To Attorney: Casey L McCaffrey, Esq. cmccaffrey@hassettdonnelly.com Notice Sent To Attorney: Thomas M Tang, Esq. ttang@tangmaravelis.com Notice Sent To Attorney: Arthur Evan Maravelis, Esq. amaravelis@tangmaravelis.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Charles Waters, Esq. cwaters@sheehan.com Notice Sent To Attorney: Sarah Anne Shipley, Esq. sshipley@tangmaravelis.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Michael William Bell, Esq. mbell@tangmaravelis.com Notice Sent To Attorney: Alan Jackson Ajackson@werksmanjackson.com Notice Sent To Attorney: Elizabeth S Little Elittle@werksmanjackson.com Notice Sent To Attorney: Caleb E. Mason, Esq. Cmason@weksmanjackson.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Laura A McLaughlin, Esq. laura.a.mclaughlin@mass.gov
59
Jan 5, 2026#63
ORDER: to counsel regarding 1/6/26 hearing Document sent as notice on: 01/05/2026 13:43:43 Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Bibianne U. Fell Bibi@fellfirm.com Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Bibianne U. Fell Bibi@fellfirm.com Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Bibianne U. Fell Bibi@fellfirm.com Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Bibianne U. Fell Bibi@fellfirm.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: Alexandra M Beaton, Esq. ambeaton@peabodyarnold.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: Alexandra M Beaton, Esq. ambeaton@peabodyarnold.com Notice Sent To Attorney: John A Donovan, III, Esq. jdonovan@sloanewalsh.com Notice Sent To Attorney: David F Hassett, Esq. dhassett@hassettdonnelly.com Notice Sent To Attorney: John M Dealy, Esq. jdealy@hassettdonnelly.com Notice Sent To Attorney: Casey L McCaffrey, Esq. cmccaffrey@hassettdonnelly.com Notice Sent To Attorney: Thomas M Tang, Esq. ttang@tangmaravelis.com Notice Sent To Attorney: Arthur Evan Maravelis, Esq. amaravelis@tangmaravelis.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Charles Waters, Esq. cwaters@sheehan.com Notice Sent To Attorney: Sarah Anne Shipley, Esq. sshipley@tangmaravelis.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Michael William Bell, Esq. mbell@tangmaravelis.com Notice Sent To Attorney: Alan Jackson Ajackson@werksmanjackson.com Notice Sent To Attorney: Elizabeth S Little Elittle@werksmanjackson.com Notice Sent To Attorney: Caleb E. Mason, Esq. Cmason@weksmanjackson.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Laura A McLaughlin, Esq. laura.a.mclaughlin@mass.gov Notice Sent To Attorney: Jason W Crotty, Esq. jcrotty@piercedavis.com Notice Sent To Attorney: Thomas V DiGangi, Esq. tdigangi@coughlinbetke.com Notice Sent To Attorney: Matthew J Hamel, Esq. mhamel@piercedavis.com
63
Jan 6, 2026#67
ORDER: regarding motions to continue hearings on motions to compel (p#64 and 65) The Joint Motions to Continue Hearings on Motions to Compel (Paper Nos. 64 and 65) are allowed. This case is scheduled for a Status Conference on February 3, 2026 at 3:00pm (to be held virtually). The parties shall be prepared to discuss where they stand on discovery, including but not limited to: i) what depositions have been completed; ii) what party depositions have been noticed; iii) what non-party depositions have been noticed, and if subpoenas have been served; and iv) how they intend on adhering to the current discovery deadline.
67
Jan 6, 2026-
Endorsement on Motion to compel Sean Goode to produce documents in response to subpoena (#61.0): Other action taken Defendant Read's Motion to Compel Sean Goode to Produce Documents Pursuant to Subpoena (Paper No. 61) is scheduled for hearing on February 3, 2026 at 3:00 p.m. The Hearing shall be virtual. Counsel for Defendant Read shall forthwith file under seal i) the address of Mr. Goode's abode as referenced in the motion at which the subpoena was served on November 7, 2025; and ii) the address at which service of the motion to compel was made in hand on December 9, 2025. Upon receipt, the Clerk's office shall send notice of such hearing to Mr. Goode at such addresses. Counsel for Ms. Read is requested to seek to effectuate in-hand service, by a disinterested person, on Mr. Goode of notice of such hearing.
61.0 endorsement
Jan 7, 2026#68
ORDER: Regarding Norfolk District Attorney's Office Document Productions Document sent as notice on: 01/07/2026 16:37:35 Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Bibianne U. Fell Bibi@fellfirm.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: Alexandra M Beaton, Esq. ambeaton@peabodyarnold.com Notice Sent To Attorney: John A Donovan, III, Esq. jdonovan@sloanewalsh.com Notice Sent To Attorney: David F Hassett, Esq. dhassett@hassettdonnelly.com Notice Sent To Attorney: John M Dealy, Esq. jdealy@hassettdonnelly.com Notice Sent To Attorney: Casey L McCaffrey, Esq. cmccaffrey@hassettdonnelly.com Notice Sent To Attorney: Thomas M Tang, Esq. ttang@tangmaravelis.com Notice Sent To Attorney: Arthur Evan Maravelis, Esq. amaravelis@tangmaravelis.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Charles Waters, Esq. cwaters@sheehan.com Notice Sent To Attorney: Sarah Anne Shipley, Esq. sshipley@tangmaravelis.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Michael William Bell, Esq. mbell@tangmaravelis.com Notice Sent To Attorney: Alan Jackson Ajackson@werksmanjackson.com Notice Sent To Attorney: Elizabeth S Little Elittle@werksmanjackson.com Notice Sent To Attorney: Caleb E. Mason, Esq. Cmason@weksmanjackson.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Laura A McLaughlin, Esq. laura.a.mclaughlin@mass.gov Notice Sent To Attorney: Jason W Crotty, Esq. jcrotty@piercedavis.com Notice Sent To Attorney: Thomas V DiGangi, Esq. tdigangi@coughlinbetke.com Notice Sent To Attorney: Matthew J Hamel, Esq. mhamel@piercedavis.com
37
Feb 3, 2026#72
ORDER: Re: Conference to Review Status scheduled for Tuesday, February 3, 2026 I ordered that the Conference to Review Status, scheduled for Tuesday, February 3, 2026, be held virtually. See attached Order. The Court not having received any request for a "hybrid" proceeding under section 5 of Superior Court Standing Order 1-22 - Videoconferencing of Court Events, any person appearing at the Plymouth County Superior for this matter shall be provided with a copy of this Order and informed that they may participate/observe such hearing by Zoom.
Feb 6, 2026-
Endorsement on Motion for order requiring plaintiffs' counsel to destroy inadvertently produced communication (#73.0): Other action taken Virtual Hearing to be held Tuesday, February 17, 2026 at 3:00 p.m. Counsel for plaintiffs and defendant Read shall notify Clerk Donovan who will be arguing. Counsel for other parties are not required to appear if they do not wish to do so. Plaintiffs' attorneys shall not disseminate the email at issue or allow any further review pending further order of the court.
Endorsement on Motion for order requiring plaintiffs' counsel to destroy inadvertently produced communication (#73.0): Other action taken...
Feb 12, 2026-
The court is ordering that all parties participate in a conference regarding electronically stored information. The purpose of the conference is for the parties to develop a plan relating to the discovery of electronically stored information. Please refer to Rule 26(f)(2)(c) for the issues to be discussed. Consistent with such rule, the parties shall on or before close of business on March 3 file with the court the plan and a statement concerning any issues upon which the parties cannot agree. The parties can include as well whether there remain any issues accessing the discovery produced by Ms. Read. Rule 16 Conference on March 5, 2026 at 3:00 p.m. on electronically stored information. The matter is further scheduled for March 31, 2026 at 3pm for further status conference regarding depositions and any other discovery issues that may arise. Hearings on March 5th and March 31st will be via zoom. FTR
Mar 2, 2026-
Endorsement on Motion for temporary restraining order pursuant to Rule 65 to prevent release of evidence (#79.0): Other action taken Plaintiffs' Reply states this motion "pertains to the communications contained on [Ms.] Read's cell phone(s)...in custody of the NDAO". At this point, I take the motion as no more than one to preserve what may be evidence. Massachusetts recognizes a common-law duty to preserve evidence that might be relevant. Defendant Read does not appear to contest that the phone(s) may contain relevant information or information that may lead to the discovery of admissible evidence. Her counsel states that she will abide by the agreement they reached with plaintiffs' counsel concerning the phones in NDAO's possession. Her counsel states there is not a shred of evidence (reliable or credible) that Ms. Read will not so abide. Plaintiffs may not have shown discovery malfeasance by Ms. Read, but such is not a requirement to ensure the preservation of evidence. Further, the words attributed to Ms. Read about the phone(s) do allow for concerns about preservation of what is on the phone(s). Plaintiffs' Reply references Ms. Read's counsel considering a 9C Conference proposal about protocol for production of discoverable information from the phone(s). Pending an agreement on such protocol, or further order of the court following a hearing to be held on Friday, March 6, 2026 at 9:00 a.m., if Ms. Read takes possession of the phone(s), she is ordered to refrain from deleting, overwriting, discarding, or altering any and all communications and data contained on the phone(s). (Plaintiffs' counsel is directed to deliver to the Clerk of Courts thumb drive(s) containing the information in the links referenced in the exhibits to the motion for the reasons of i) preserving a clear record, and ii) some of the referenced links were not accessible.)
79.0 endorsement
Mar 3, 2026#86
Party(s) file Stipulation Regarding Protocol for the Production of Documents and Electronically Stored Information (ESI) Applies To: Paul O'Keefe Individually and Personal Rep of the Estate of John Joseph O'Keefe III (Plaintiff); O'Keefe II, John (Plaintiff); O'Keefe, Margaret (Plaintiff); Margaret O'Keefe As Guardian for Kayley Furbush (Plaintiff); C&C Hospitality, LLC d/b/a C.F. Mccarthy's (Defendant); G&S Hospitality, LLC d/b/a C.F. Mccarthy's (Defendant); Waterfall Bar & Grill, LTD d/b/a Waterfall Bar & Grill (Defendant); Read, Karen (Defendant)
86
Mar 4, 2026-
Party(s) file Stipulation Regarding Protocol for the Production of Documents and Electronically Stored Information (ESI) (Gildea, J.) Applies To: Paul O'Keefe Individually and Personal Rep of the Estate of John Joseph O'Keefe III (Plaintiff); O'Keefe II, John (Plaintiff); O'Keefe, Margaret (Plaintiff); Margaret O'Keefe As Guardian for Kayley Furbush (Plaintiff); C&C Hospitality, LLC d/b/a C.F. Mccarthy's (Defendant); G&S Hospitality, LLC d/b/a C.F. Mccarthy's (Defendant); Waterfall Bar & Grill, LTD d/b/a Waterfall Bar & Grill (Defendant); Read, Karen (Defendant)
Party(s) file Stipulation Regarding Protocol for the Production of Documents and Electronically Stored Information (ESI) (Gildea, J.) App...
Mar 27, 2026-
Endorsement on Motion for order requiring plaintiffs' counsel to destroy inadvertently produced communication (#73.0): ALLOWED As noted in the Charm case, a client who seeks to preserve the attorney-client privilege has a responsibility to be careful, particularly when using a means of communication that poses known and obvious risks. Although this defendant did not meet that responsibility, the importance of the attorney client privilege in our legal system outweighs that failure. Defendant's motion seeking deletion of the email and any copies is allowed. Although plaintiffs' concern about potential use of the email for impeachment purposes may appear to the defendant as unfounded, if such concern becomes reality, the issue is preserved as the email remains under seal with the Court.
73.0 endorsement
Apr 9, 2026#97
ORDER: I ordered that the conference to review status scheduled for today, be held virtually. The Court not having received any request for a "hybrid" proceeding under section 5 of Superior Court Standing Order 1-22 - Videoconferencing of Court Events, any person appearing at the Plymouth County Superior for this matter shall be provided with a copy of this Order and informed that they may participate/observe such hearing by Zoom.
ORDER: I ordered that the conference to review status scheduled for today, be held virtually. The Court not having received any request f...
Jun 5, 2026-
Endorsement on Motion for a protective order (#108.0): Other action taken Hearing to be held by Zoom on Monday, June 8, 2026 at 8:45 a.m. by Zoom. Moving party to provide information concerning i) when counsel learned of witness' unavailability for deposition preparation; ii) when Ms. Read's counsel was informed; iii) why deposition preparation could not have place today or this weekend: and iv) supporting witness' unavailability as referenced in the last paragraph of page 3 of the motion (this may be filed marked "provisionally impounded" with a supporting motion, if warranted. All filings due by 5:00 p.m. on Sunday. Copies shall also be emailed to kevin.riordan@jud.state.ma.us. Judge: Gildea, Hon. Mark
Endorsement on Motion for a protective order (#108.0): Other action taken Hearing to be held by Zoom on Monday, June 8, 2026 at 8:45 a.m....
Jun 8, 2026-
Endorsement on Motion to provisionally impound additional materials submitted in support of motion for protective order (#116.0): Other action taken After hearing, and having balanced the rights of the parties and the non-party deponent based on the particular facts of this case, and taking into account all relevant factors, including, but not limited to, the nature of the parties and the controversy, the type of information and the privacy interests involved, the extent of community interest, and the reason for the request, I find good cause to impound, and so order the impoundment of (for a period of thirty (30) years), the Affidavits attached to this motion. I recognize the fear of unjustified adverse publicity, is not sufficient to constitute good cause. George W. Prescott Pub. Co. v. Register of Probate for Norfolk County, 395 Mass. 274, 279 (1985). However, a legitimate expectation of privacy ordinarily is sufficient to constitute good cause. H.S. Gere & Sons, Inc. v. Frey, 400 Mass. 326, 330 (1987).
116.0 endorsement
Jun 8, 2026-
Endorsement on Motion to impound affidavits and supporting materials (#112.0): Other action taken After hearing, and having balanced the rights of the parties and the non-party deponent based on the particular facts of this case, and taking into account all relevant factors, including, but not limited to, the nature of the parties and the controversy, the type of information and the privacy interests involved, the extent of community interest, and the reason for the request, I find good cause to impound, and so order the impoundment of (for a period of thirty (30) years, the Affidavits attached to this motion. I recognize the fear of unjustified adverse publicity, is not sufficient to constitute good cause. George W. Prescott Pub. Co. v. Register of Probate for Norfolk County, 395 Mass. 274, 279 (1985). However, a legitimate expectation of privacy ordinarily is sufficient to constitute good cause. H.S. Gere & Sons, Inc. v. Frey, 400 Mass. 325, 330 (1987).
30
Jun 11, 2026#122
ORDER: Mass. R. Civ. Pro. 7(a) sets forth the pleadings allowed under the Rules of Civil Procedure. Mass. R. Civ. Pro. 7(b) provides the rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules. Such rules do not provide for letters from counsel. It is hereby ORDERED that the Clerk's Office shall not docket copies of letters from counsel. Document sent as notice on: 06/11/2026 12:55:18 Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Bibianne U. Fell Bibi@fellfirm.com Notice Sent To Attorney: Christina M Brilhante, Esq. brilhantecm@gmail.com Notice Sent To Attorney: Marlee Horwitz, Esq. Marlee@fellfirm.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: Alexandra M Beaton, Esq. ambeaton@peabodyarnold.com Notice Sent To Attorney: John A Donovan, III, Esq. jdonovan@sloanewalsh.com Notice Sent To Attorney: David F Hassett, Esq. dhassett@hassettdonnelly.com Notice Sent To Attorney: John M Dealy, Esq. jdealy@hassettdonnelly.com Notice Sent To Attorney: Casey L McCaffrey, Esq. cmccaffrey@hassettdonnelly.com Notice Sent To Attorney: Thomas M Tang, Esq. ttang@tangmaravelis.com Notice Sent To Attorney: Arthur Evan Maravelis, Esq. amaravelis@tangmaravelis.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Charles Waters, Esq. cwaters@sheehan.com Notice Sent To Attorney: Sarah Anne Shipley, Esq. sshipley@tangmaravelis.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Michael William Bell, Esq. mbell@tangmaravelis.com Notice Sent To Attorney: Alan Jackson Ajackson@werksmanjackson.com Notice Sent To Attorney: Elizabeth S Little Elittle@werksmanjackson.com Notice Sent To Attorney: Caleb E. Mason, Esq. Cmason@weksmanjackson.com
122
Jun 11, 2026#121
ORDER: Paper No. 111 did not include the requisite certificate of service. See Mass. R. Civ. Pro. 5(a) (Any document filed through the court's electronic filing system...must include a certificate of service pursuant to Rule 7(a) of the Massachusetts Rules of Electronic Filing.) It is hereby ORDERED that Paper No. 111 shall be stricken from the docket. Document sent as notice on: 06/11/2026 12:47:49 Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Bibianne U. Fell Bibi@fellfirm.com Notice Sent To Attorney: Christina M Brilhante, Esq. brilhantecm@gmail.com Notice Sent To Attorney: Marlee Horwitz, Esq. Marlee@fellfirm.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: Alexandra M Beaton, Esq. ambeaton@peabodyarnold.com Notice Sent To Attorney: John A Donovan, III, Esq. jdonovan@sloanewalsh.com Notice Sent To Attorney: David F Hassett, Esq. dhassett@hassettdonnelly.com Notice Sent To Attorney: John M Dealy, Esq. jdealy@hassettdonnelly.com Notice Sent To Attorney: Casey L McCaffrey, Esq. cmccaffrey@hassettdonnelly.com Notice Sent To Attorney: Thomas M Tang, Esq. ttang@tangmaravelis.com Notice Sent To Attorney: Arthur Evan Maravelis, Esq. amaravelis@tangmaravelis.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Charles Waters, Esq. cwaters@sheehan.com Notice Sent To Attorney: Sarah Anne Shipley, Esq. sshipley@tangmaravelis.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Michael William Bell, Esq. mbell@tangmaravelis.com Notice Sent To Attorney: Alan Jackson Ajackson@werksmanjackson.com Notice Sent To Attorney: Elizabeth S Little Elittle@werksmanjackson.com Notice Sent To Attorney: Caleb E. Mason, Esq. Cmason@weksmanjackson.com
121
Jun 11, 2026#120
ORDER: Counsel are requested to provide to Clerk Donovan by 12:00 noon on June 12, 2026, the following information as to depositions he/she has presently noticed on behalf of his/her client: Deponent Date scheduled, Time scheduled Document sent as notice on: 06/11/2026 12:43:19 Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Bibianne U. Fell Bibi@fellfirm.com Notice Sent To Attorney: Christina M Brilhante, Esq. brilhantecm@gmail.com Notice Sent To Attorney: Marlee Horwitz, Esq. Marlee@fellfirm.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: Alexandra M Beaton, Esq. ambeaton@peabodyarnold.com Notice Sent To Attorney: John A Donovan, III, Esq. jdonovan@sloanewalsh.com Notice Sent To Attorney: David F Hassett, Esq. dhassett@hassettdonnelly.com Notice Sent To Attorney: John M Dealy, Esq. jdealy@hassettdonnelly.com Notice Sent To Attorney: Casey L McCaffrey, Esq. cmccaffrey@hassettdonnelly.com Notice Sent To Attorney: Thomas M Tang, Esq. ttang@tangmaravelis.com Notice Sent To Attorney: Arthur Evan Maravelis, Esq. amaravelis@tangmaravelis.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Charles Waters, Esq. cwaters@sheehan.com Notice Sent To Attorney: Sarah Anne Shipley, Esq. sshipley@tangmaravelis.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Michael William Bell, Esq. mbell@tangmaravelis.com Notice Sent To Attorney: Alan Jackson Ajackson@werksmanjackson.com Notice Sent To Attorney: Elizabeth S Little Elittle@werksmanjackson.com Notice Sent To Attorney: Caleb E. Mason, Esq. Cmason@weksmanjackson.com
120
Jun 12, 2026#126
ORDER: Relative to Certain Fillings Judge: Gildea, Hon. Mark Document sent as notice on: 06/12/2026 15:54:26 Notice Sent To Attorney: Marc A Diller, Esq. marc@dillerlaw.com Notice Sent To Attorney: Daniel T Buck, Esq. dbuck@dillerlaw.com Notice Sent To Attorney: Bibianne U. Fell Bibi@fellfirm.com Notice Sent To Attorney: Christina M Brilhante, Esq. brilhantecm@gmail.com Notice Sent To Attorney: Marlee Horwitz, Esq. Marlee@fellfirm.com Notice Sent To Attorney: Tamara Smith Holtslag, Esq. tsmith@peabodyarnold.com Notice Sent To Attorney: Lincoln Rose, Esq. lrose@peabodyarnold.com Notice Sent To Attorney: Alexandra M Beaton, Esq. ambeaton@peabodyarnold.com Notice Sent To Attorney: John A Donovan, III, Esq. jdonovan@sloanewalsh.com Notice Sent To Attorney: David F Hassett, Esq. dhassett@hassettdonnelly.com Notice Sent To Attorney: John M Dealy, Esq. jdealy@hassettdonnelly.com Notice Sent To Attorney: Casey L McCaffrey, Esq. cmccaffrey@hassettdonnelly.com Notice Sent To Attorney: Thomas M Tang, Esq. ttang@tangmaravelis.com Notice Sent To Attorney: Arthur Evan Maravelis, Esq. amaravelis@tangmaravelis.com Notice Sent To Attorney: Damon M Seligson, Esq. dseligson@sheehan.com Notice Sent To Attorney: Charles Waters, Esq. cwaters@sheehan.com Notice Sent To Attorney: Sarah Anne Shipley, Esq. sshipley@tangmaravelis.com Notice Sent To Attorney: Aaron Davis Rosenberg, Esq. arosenberg@sheehan.com Notice Sent To Attorney: Michael William Bell, Esq. mbell@tangmaravelis.com Notice Sent To Attorney: Alan Jackson Ajackson@werksmanjackson.com Notice Sent To Attorney: Elizabeth S Little Elittle@werksmanjackson.com Notice Sent To Attorney: Caleb E. Mason, Esq. Cmason@weksmanjackson.com
ORDER: Relative to Certain Fillings Judge: Gildea, Hon. Mark Document sent as notice on: 06/12/2026 15:54:26 Notice Sent To Attorney: Mar...
Jun 16, 2026-
Endorsement on Motion to reschedule hearing on Karen Read's motion to compel the Massachusetts State Police to produce documents pursuant to non-party subpoena (#128.0): Other action taken The status that is scheduled for June 26, 2026 was for the purpose of the parties reporting on discovery efforts, not for a hearing on discovery disputes. The issues between Ms. Read and the MSP arise from a subpoena served nearly a year ago, and the focus is on 473 emails for which notice was provided in February 2026 would be withheld. I am not willing to delay consideration of the issues for another 9 days, especially with the established discovery deadline. The motion is allowed to the extent that the scheduled hearing on the motion to compel against the MSP is taken off the list. I will decide the motion without a hearing. If Ms. Read and the MSP come to some resolution before I decide the motion, they shall notify Clerk Donovan by email to Plymouthsuperiorfilings@jud.state.ma.us. The hearings on the other motions to compel shall go forward as scheduled.
128.0 endorsement
Jun 26, 2026#135
ORDER: REQUESTING INFORMATION FROM DEFENDANT READ RELATIVE TO OPPOSITION TO MOTIOON TO QUASH FILED BY NON-PARTY TULLY On or before 12:00 noon on Monday, June 29, 2026, defendant Read is requested to provide the factual basis for the following statements in her opposition (Paper No. 132.2): 1. "...buoyed by the treatment that other subpoenaed witnesses are getting by resisting their depositions," and 2. "...the manner in which other subpoenaed parties have been handled in this case".
ORDER: REQUESTING INFORMATION FROM DEFENDANT READ RELATIVE TO OPPOSITION TO MOTIOON TO QUASH FILED BY NON-PARTY TULLY On or before 12:00 ...
Jun 26, 2026#135
ORDER: REQUESTING INFORMATION FROM DEFENDANT READ RELATIVE TO OPPOSITION TO MOTION TO QUASH FILED BY NON-PARTY TULLY On or before 12:00 noon on Monday, June 29, 2026, defendant Read is requested to provide the factual basis for the following statements in her opposition (Paper No. 132.2): 1. "...buoyed by the treatment that other subpoenaed witnesses are getting by resisting their depositions," and 2. "...the manner in which other subpoenaed parties have been handled in this case".
ORDER: REQUESTING INFORMATION FROM DEFENDANT READ RELATIVE TO OPPOSITION TO MOTION TO QUASH FILED BY NON-PARTY TULLY On or before 12:00 n...
Jun 26, 2026#134
ORDER: I ordered that today's hearing be held virtually. The Court, not having received any request for a "hybrid" proceeding under section 5 of Superior Court Standing Order 1-22 - Videoconferencing of Court Events, any person appearing at the Plymouth County Superior for this matter shall be provided with a copy of this Order and informed that they may observe such hearing by Zoom.
ORDER: I ordered that today's hearing be held virtually. The Court, not having received any request for a "hybrid" proceeding under secti...
Jun 29, 2026#139
ORDER: RELATIVE TO ORDER OF IMPOUNDMENT (ENDORSEMENT ON PAPER NO. 112) I have been advised of information that allows for a reasonable inference of a violation of an Order of Impoundment issued by me. It is hereby Ordered that: 1. Each plaintiff and defendant and each counsel with a notice of appearance in this matter as of June 8, 2026 shall file with the Clerk, on or before 4:30 p.m. on Tuesday, June 30, 2026, a certification under the pains and penalties of perjury as to all facts known to them as to any dissemination to anyone, other than parties and counsel in this matter, of any of the contents of the material impounded by Order issued on June 8, 2026 ("Order of Impoundment"). 2. An in-person hearing is scheduled for Wednesday, July 1, 2026 at 3:00 p.m. All counsel with a notice of appearance shall attend. 3. All further attempts to take discovery from the party whose information was the subject of the Order of Impoundment is precluded pending further Orders of the Court.
ORDER: RELATIVE TO ORDER OF IMPOUNDMENT (ENDORSEMENT ON PAPER NO. 112) I have been advised of information that allows for a reasonable in...
Jul 10, 2026-
Endorsement on Motion for reconsideration of order delaying deposition of Michael Proctor (#156.0): DENIED I have been presented with a motion for reconsideration of my Order precluding further attempts to take discovery from a non-party pending further Orders of the Court, an opposition, and a reply. Ms. Read's attorneys are reminded of the provisions of Superior Court Rule 9A(a)(3) that a reply memorandum is to be "limited to matters raised in the opposition which were not and could not have been anticipated and addressed in the moving party's initial memorandum." The motion misstates what I said. What I said was "Orders of the court have been violated either directly, or at the very least, in spirit." I did not say what is stated in the motion: ¿that an attorney with an appearance in this case 'had violated the letter or spirit of the Rule'." I also did not state on the record that "I had stayed the second day of Proctor's deposition..." but rather stated that: "Because of the disclosure of sensitive private information, I temporarily stayed further discovery of the non-party." I acknowledge the information in the motion as to the time of a June 8, 2026 post on X. However, such information does not allay the concerns that gave rise to the Order, especially given the content of a June 25, 2026 post on X. The motion for reconsideration is denied. (copies of endorsement emailed to counsel 7/10/26)
Endorsement on Motion for reconsideration of order delaying deposition of Michael Proctor (#156.0): DENIED I have been presented with a m...
Jul 16, 2026#164
ORDER: I ordered that today's hearing be held virtually. The Court, not having received any request for a "hybrid" proceeding under section 5 of Superior Court Standing Order 1-22 - Videoconferencing of Court Events, any person appearing at the Plymouth County Superior for this matter shall be provided with a copy of this Order and informed that they may observe such hearing by Zoom.
ORDER: I ordered that today's hearing be held virtually. The Court, not having received any request for a "hybrid" proceeding under secti...
341 docket entries / 279 documentsUpdated Jul 25, 2:48 PM