LePage et al v. E-One Inc. et al

Filing 30

Judge Joseph L. Tauro: ORDER entered. After a Scheduling Conference held on 6/6/2012, this court hereby orders that: Plaintiff will file a Motion to Amend the Complaint, so as to state claims under the laws of the State of Rhode Island. The Motion s hall contain the proposed amended complaint as an exhibit. The Motion shall be filed no later than 6/20/2012. Defendant Greenwood Emergency Vehicles, Inc.'s Motion to Dismiss 8 is DENIED AS MOOT in light of the First Amended Complaint 11 . Defendant Greenwood Emergency Vehicles, Inc's Motion to Dismiss the First Amended Complaint 13 is DENIED WITHOUT PREJUDICE to being re-raised once Plaintiff has filed a Second Amended Complaint. The Parties are authorized to take the followi ng depositions included in this ORDER. The Above-listed Depositions must be completed by 1/13/2013. No Further Discovery is permitted without leave of this court. A Further Conference set for 2/5/2013 12:30 PM in Courtroom 22 before Judge Joseph L. Tauro. IT IS SO ORDERED. See ORDER for Details. (Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
DIANE LePAGE individually and as *
Administratrix of the estate of
ALLAN P. LePAGE, and
ALLAN P. LePAGE, JR.,
Plaintiffs,
v.
E-ONE, INC., and
GREENWOOD EMERGENCY
VEHICLES, INC.,
Defendants.

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Civil Action No. 1:12-10299-JLT

ORDER
June 7, 2012
TAURO, J.
After a Scheduling Conference held on June 6, 2012, this court hereby orders that:
1.

Plaintiffs will file a Motion to Amend the Complaint, so as to state claims under
the laws of the State of Rhode Island.1 The Motion shall contain the proposed
amended complaint as an exhibit. The Motion shall be filed no later than June 20,
2012.

2.

Defendant Greenwood Emergency Vehicles, Inc.’s Motion to Dismiss [#8] is

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Cosme v. Whitin Mach. Works, Inc., 417 Mass. 643, 645 (1994) (“Traditionally, in
matters of tort, the courts of [Massachusetts] apply the substantive laws of the jurisdiction
wherein the tort occurred.”); see also Cohen v. McDonnell Douglas Corp., 389 Mass. 327, 332
(1983) (For purposes of choice of law rules, claims for breach of warranty are treated as tort
claims.) Here, the injury and the consequences of that injury occurred in Rhode Island, and under
Massachusetts choice of law rules, Rhode Island law should apply.
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DENIED AS MOOT in light of the First Amended Complaint [#11].
3.

Defendant Greenwood Emergency Vehicles, Inc.’s Motion to Dismiss the First
Amended Complaint [#13] is DENIED WITHOUT PREJUDICE to being reraised once Plaintiff has filed a Second Amended Complaint.

4.

The Parties are hereby authorized to take the following depositions:
a.

Plaintiff: (1) Anthony Vitone; (2) Robert C. Hutchinson; (3) William Foley;
(4) Keith Notoriani; (5) Chief Barrington; (6) Keeper of Records of the
Kingston Fire Department; (7) Rule 30(b)(6) Representative of E-One,
Inc.; (8) Rule 30(b)(6) Representative of Greenwood Emergency Vehicles,
Inc.; (9) Stacy C. Wertman; (10) Jay L. Tarley; (11) Patricia Gardner;
(12) Michael Picard; (13) Det. Sgt. Joel J. Ewing-Chow; (14) Det.
Raymond D. LaMont, Jr.; (15) Any and all employees of Defendant
Greenwood Emergency Vehicles who performed maintenance on the truck
at issue; (16) Dr. John Barrett; (17) Lisa Gallagher; and (18) Sara Little.

b.

Defendant E-One Inc.: (1) Diane LePage; (2) Allan P. LePage, Jr.;
(3) 30(b)(6) designee of Greenwood Emergency Vehicles, Inc.; (4) Jim
Lafountaine and other agents, servants or employees of National
Engineering & Testing Services; (5) James Cannata; (6) John Dryda;
(7) Other agents, servants or employees of the American Test Center;
(8) Current or former officers, members or employees of the Kingston Fire
District/Kingston Fire Department; (9) Robert Hutchinson; (10) Nathan
Barrington; (11) Robert Perry; (12) Keith Notoriani; (13) Jodi Hall;
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(14) Elizabeth McNab; (15) Current or former officers, members or
employees of the Kingston Volunteer Fire Company; (16) Current or
former officers, servants, or employees of the University of Rhode Island
Department of Public Safety; (17) Major Stephen Baker; (18) Off.
Sheldon; (19) Paul Perrone; (20) Robert Drapeau; (21) Current or former
officers, servants or employees of the Union Fire District; (22) Chief
Robert Perry; (23) Deputy Chief Steven Pinch; (24) Fire Marshal Thomas
Reed; (25) Current or former officers, members, or employees of the West
Kingston Fire Department; (26) Current or former officers, members or
employees of the Hope Valley, Wyoming Fire District; (27) Agents,
servants, employees or consultants of Public Safety Training Associates;
(28) Steve Coulon; (29) Steve Colson; (30) Brian Boll; (31) Tim Mayer;
(32) Members or employees of the South Kingston Police Department;
(33) Det. Sgt. Joel Ewing-Chow; (34) Sgt. Patricia Gardner; (35) Ptlm.
Michael Picard; (36) Det. Raymond Lamont, Jr.; (37) Agents, servants, or
employees of the Rhode Island Department of Labor and Training; (38)
James Larisa; (39) Agents, servants or employees of the Rhode Island State
Fire Marshal; (40) Bruce Quinn; (41) Agents, servants, employees or
consultants of the National Institute for Occupational Safety & Health,
Firefighter Fatality Investigation and Prevention Program; (42) Stacy
Wertman; (43) Matt Boyer; (44) Agents, servants or employees of the
Rhode Island Office of the State Medical Examiners; (45) Alexander
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Chirkov, M.D.; (46) Responding EMTs and/or paramedics;
(47) Decedent’s health care providers; (48) Agents, servants or employees
of the South Kingston Firefighters Relief Association.
c.

Defendant Greenwood Emergency Vehicles, Inc.: (1) James Cannata;
(2) John Dryda; (3) Stacy C. Wertman; (4) Jay L. Tarley; (5) State of
Rhode Island Medical Examiner; (6) Kingston, Rhode Island Fire
Department Keeper of Records; (7) Kingston, Rhode Island Fire
Department Fire Chief; (8) Kingston, Rhode Island Fire Department
Firefighters on duty with Allan LePage; (9) State of Rhode Island State
Police Officers; (10) Kingston, Rhode Island Police Department.

3.

The above-listed depositions must be completed by January 13, 2013.

4.

No further discover is permitted without leave of this court.

5.

A Further Conference is scheduled for February 5, 2013 at 12:30 p.m.

IT IS SO ORDERED.

/s/ Joseph L. Tauro
United States District Judge

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