HomeMy WebLinkAboutBlue Sky Towers Joint Statement 01.08.24
28596815-v2
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
__________________________________________
)
BLUE SKY TOWERS III, LLC d/b/a )
BSTMA III, LLC )
)
Plaintiff, ) C.A. No. 1:23-CV-12334-PBS
)
v. )
)
TOWN OF YARMOUTH, )
MASSACHUSETTS; and STEVEN DEYOUNG,)
SEAN IGOE, JAY FRAPRIE, JOHN )
MANTONI, RICHARD MARTIN, DOUG )
CAMPBELL, TIMOTHY KELLEY, )
BARBARA MURPHY, RICHARD NEITZ, )
ANTHONY PANEBIANCO, in their capacity )
as Members of The Town of Yarmouth, )
Massachusetts Board of Appeals, )
)
Defendants. )
__________________________________________)
JOINT STATEMENT PURSUANT TO LOCAL RULE 16.1
Pursuant to Local Rule 16.1, the parties in the above action submit this Joint Statement in
advance of the scheduling conference set for January 17, 2024.
I . Statement Pursuant to Local Rule 16.1(B)
Counsel for Plaintiff and Defendants state that they have conferred, pursuant to Rule
16.1(b), for the purpose of: (1) preparing an agenda of matters to be discussed at the scheduling
conference; (2) preparing a proposed pretrial schedule; and (3) considering whether they will
consent to trial by magistrate judge.
II . Statement Pursuant to Local Rule 16.1(C)
The parties state that they are currently discussing certain settlement options, but have
been unable to resolve this dispute at this time.
Case 1:23-cv-12334-PBS Document 23 Filed 01/08/24 Page 1 of 3
2
III. Trial by Magistrate Judge
The parties do not consent to trial by a Magistrate Judge.
IV. Joint Statement Pursuant to Local Rule 16.1(d)
The Parties propose the following pre-trial schedule:
1. Discovery Plan
a. Rule 26(a)(1) Automatic Disclosures
The parties propose that automatic disclosures be exchanged by March 1, 2024.
b. Fact Discovery
The parties propose that fact discovery be completed by June 28, 2024.
c. Expert Witnesses
The parties propose that Plaintiff’s expert witnesses, if any, must be designated and the
information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by July 29, 2024, and
Defendant’s expert witnesses disclosed by August 30, 2024, and Plaintiff’s rebuttal disclosure by
September 16, and all experts deposed by November 15, 2024
2. Proposed Motion Schedule
The parties propose that motions for summary judgment and other dispositive motions be
filed on or before December 23, 2024.
3. Proposed Pre-Trial Conference Date
The parties propose that the Court conduct a pre-trial conference in this matter in
February 2025, or as soon thereafter as the Court's calendar permits.
V. Local Rule 16.1(d)(3) Certifications
The parties will file their certifications pursuant to Local Rule 16.1(d)(3) separately.
Case 1:23-cv-12334-PBS Document 23 Filed 01/08/24 Page 2 of 3
3
PLAINTIFF,
BLUE SKY III, LLC d/b/a BSTMA III,
LLC,
By its attorneys,
/s/ Danielle Andrew Long
Michael S. Giaimo (BBO #552545)
mgiaimo@rc.com
Danielle Andrews Long (BBO #646981)
dlong@rc.com
Robinson & Cole LLP
One Boston Place, Floor 25
Boston, MA 02108-4404
(617) 557-5900
DEFENDANTS,
TOWN OF YARMOUTH,
MASSACHUSETTS; and STEVEN
DEYOUNG, SEAN IGOE, JAY FRAPRIE,
JOHN MANTONI, RICHARD MARTIN,
DOUG CAMPBELL, TIMOTHY
KELLEY, BARBARA MURPHY,
RICHARD NEITZ, ANTHONY
PANEBIANCO, in their capacity as
Members of The Town of Yarmouth,
Massachusetts Board of Appeals,
By their attorneys,
/s/ Matthew D. Provencher
Adam J. Costa (BBO #667840)
adam@mtclawyers.com
Matthew D. Provencher (BBO #694114)
matt@mtclawyers.com
Mead, Talerman & Costa, LLC
30 Green Street
Newburyport, MA 01950
(978) 463-7700
Dated: January 8, 2024
CERTIFICATE OF SERVICE
I, Danielle Andrews Long, certify that a copy of the foregoing document, filed through
the ECF system, will be sent electronically to the registered participants as identified on the
Notice of Electronic Filing (NEF) and paper copies will be sent to those, if any, indicated as non-
registered participants on this 8th day of January, 2024.
/s/ Danielle Andrews Long
Danielle Andrews Long
Case 1:23-cv-12334-PBS Document 23 Filed 01/08/24 Page 3 of 3