Moore v. Stearns — Entry #18: JOINT SUBMISSION pursuant to Local Rule 16.1 by Ricky L

Case: Moore v. Stearns mad · 3:05-cv-30010

filed January 14, 2005

What this document is

Docket entry #18 · filed July 15, 2005

JOINT SUBMISSION pursuant to Local Rule 16.1 by Ricky L. Moore.(Moir, Bradford)

Who is involved

Moore
Stearns

Why we have it

We follow this case because it names a company we track, although that company is not a party:

Marathon Digital: its subsidiary “Sullivan Company” appears in a filing in this case.
…Narne ofInspector: (plcase print) David A. Sullivan Company Na_me: Sullivan Inspections Mailing Ad_dress:…

A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved November 07, 2026. Federal court filings are public records.

URL: https://www.archive.org/download/gov.uscourts.mad.95988/gov.uscourts.mad.95988.18.0.pdf
Kind: court_filing
Publisher: RECAP
Published: 2005-07-15 00:00:00-04:00
Retrieved: 2026-11-07 06:52:34.149952-05:00
HTTP status: 200
MIME: application/pdf
Bytes: 142742
SHA-256: c466fd311296cde63091f13ddab60a7e7db42589bce166476358cd9938f4d63e

Document text

5 page(s), 7,585 characters, read from page images by OCR, so expect some character errors · plain text.

Full text

Case 3:05-cv-300710-MAP Document 1& Filed 07/15/2005 Page 1 ofS

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

WESTERN DIVISION Docket No.05-300010-MAP

RICKY L. MOORE and KATHRYN M. MOORE

JOINT STATEMENT
Plaintiffs

KERRY P. STEARNS, LAURIE C. NIKITUK
and POND PASTURE, Inc.

Defendants

Counsel for the above parties have conferred and submit the following joint statement
pursuant to L.R. 16.1:

Proposed Pretrial Schedule

1. Each party shall make initial disclosures as required by Fed. R. Civ. P. 26 (a) (1) on
or before September 30, 2005.

2. Non-expert discovery shall be completed on or before January 15, 2006.

3. Motions pursuant to Fed. R. Civ. P. Rule 12 be filed and heard before October 31,
2005.

4, Counsel for each party request a conference at the conclusion of the non-expert
discovery period for a case management conference on January 18, at 2:30 p.m.

a. To determine a period of expert discovery if needed or to set a trial date at that
time.

b. Counsel also agrees to be prepared to discuss at that time possibilities of
settlement and mediation, and;

c. To establish a filing deadline for Motions for Summary Judgment.

Certificates

Attached are the certifications of counsel and a representative of each party pursuant to
L.R. 16.1 (D) (3).

\D3xbk311\m_r\Civil Litigation\Moore, Rick and Kathy\Court Filings\executed Joint
Statement.doc

Case 3:05-cv-30010-MAP Document i&é
Docket No.05-300010-MAP

Dated:

July 15, 2005

rled O7/15/2005 Page 2 of 5

THE PLAINTIFFS
Ricky L. Moore and Kathryn M. Moore
By their attorney,

/s/ Bradford B. Moir

Bradford B. Moir, Esquire
MOIR & ROSS

45 Broad Street, Suite #2
Westfield, MA 01085
Tel. (413) 568-1957

Fax. (413) 562-4691
BBO# 350600

THE DEFENDANT
Kerry P. Stearns

/s/ Peter J. Brewer

Peter J. Brewer, Esq.

2 Mahaiwe Street

Post Office Box 1059

Great Barrington, MA 01023
Tel. (413)-528-6290

Fax. (413)-528-6283

BBO# 545604

THE DEFENDANT
Laurie C. Nikituk

Richard J. O’Brien, Esquire
75 North Street, Suite 310
Pittsfield, MA 01201
(413)- 499-5656

BBO# 552285

Case 3:05-cv-30010-MAP DocumentiG Filed 07/15/2005 Page dof5

UNITED STATES DISTRICT COURT
FOR. THE DISTRICT OF MASSACHUSETTS

WESTERN DIVISION Docket No.05-30010-MAP _

RICKY L. MOORE and KATHRYN M. MOORE

AGENDA OF MATTERS
Plaintiffs

KERRY P. STEARNS, LAURIE C. NIKITUK
and POND PASTURE, INC.

Defendants

Pursuant to Fed. R. Civ. P. 16(b), the parties certify that they have conferred and the following
issues will be addressed before the court on July 25, 2005.

1. The plaintiffs would like to discuss filing a motion to amend their complaint to clarify the
alleged contamination of the water. In particular, the Plaintiffs would like to amend the
averment contained in Paragraph 30 of the Plaintiffs First Amended Complaint, which
reads as follows.

30. The Plaintiffs had the drinking water supply tested
and the test revealed abnormally high levels of nitrate in the
water.

The plaintiffs would like to amend the complaint to read as follows.

30. The Plaintiffs had the drinking water supply tested
and the test revealed that the water DID NOT meet public
Grinking water bacteriological standards, and the plaintiffs
were advised that they should not consume the water due to the
contamination.

2. The defendant KERRY P. STEARNS has not yet filed an answer to the complaint. The
plaintiff suggests that the answer not be filed until after the plaintiff's motion to amend
the complaint is heard. After a hearing on the motion, provided such is allowed, the
plaintiff will serve the second amended complaint on all parties after which time the
defendant KERRY P. STEARNS would be permitted to answer within the time frames
designated by the rule.

3. The plaintiff would like to discuss voluntarily dismissing the claim against Pond Pasture,
Inc. As reason therefore, although the Defendant Laurie C. Nikituk is listed as an officer
of the corporation, it appears that Pond Pasture, Inc. has no affiliation with Pond Pasture
Real Estate.

Case 3:05-cv-300710-MAP Document1& Filed 07/15/2005 Page 4ofd

. The plaintiffs would like to discuss proceeding with a initial phase of discovery and
initial disclosures required under Fed R. Civ. P. 26(A)(2) to determine whether at that
time it is appropriate to amend the complaint to add a defendant Alan Koivisto, who is
apparently the principal of Pond Pasture Real Estate, all though there is no d/b/a
certificate on record with the Town of Otis, and there is no record that Alan Koivisto is
an officer of an Massachusetts Corporation listed with the Secretary of the
Commonwealth. Upon information and belief, based on statements from the Town of
Granville Town Clerk, it appears that Alan Koivisto is doing business as Pond Pasture
Real Estate.

. The plaintiff's would hke to discuss LAURIE C. NIKITUR’S affirmative defenses 3, 7,
8. In particular, the defendant LAURIE C. NIKITUK had filed a motion to dismiss
pursuant to Fed. R. Civ. P. 12 (1). The motion was denied by the court. Pursuant to
tule12(h)(1)(a), the defendant LAURIE C. NIKITUK has waived those aforementioned
defenses by omitting the same from the initial Rule 12 Motion. Plaintiff would like to
discuss whether a Rule 12(f) Motion to strike is necessary, or if the Defendant agrees to
waive the same in the answer.

SETTLEMENT The plaintiff would like to discuss any possibility of settlement. The
house located at 1495 Reservoir Road is currently being foreclosed upon by the
Plaintiff's mortgagee. That mortgagee has halted proceedings as a result of this action
and appears amiable to some kind of settlement, including reduction in the amount owed.
The plamtiff would like to mitigate their damages, however do not have the financial
ability to do so. The plaintiffs considers as part of the damage the continuing interest
that is in arrears with the mortgagee. The plaintiff is open to suggestions from other
defendants as to possible solutions to the issue of damages, at least to mitigate the same.

. SETTLEMENT: The plaintiff has made an offer of settlement to the KERRY P.
STEARNS on May 12, 2005 to release Mr. Stearns from the suit. No further discussions
have been held regarding settlement, however the plaintiffs offer to settle remains open
until revoked.

. SETTLEMENT: The plaintiff has not made an offer of settlement to the defendant
LAURIE NIKITUK as counsel has denied any liability on her behalf and otherwise has
determine that no offer to settle the case will be forthcoming from the defendant LAURIE
NIKITUK.

SETTLEMENT: Defendant Stearns is interested in purchasing back the real estate.
Stearns has made a partial offer of settlement by offering Plaintiffs’ lender, Wells Fargo,
an amount for the compromise and release of the Plaintiffs’ mortgage loan, without
recourse against Plaintiffs, in exchange for a deed in heu of foreclosure to Defendant
Steams.

Case 3:05-cv-30010-MAP DocumentiG Filed 07/15/2005 Page 5of5

THE PLAINTIFFS
Ricky L. Moore and Kathryn M. Moore
By their attorney,

Dated: July 12, 2005

/s/Bradford B. Moir