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Compensation Lawsuit

You can send an EMAIL message to the Plaintiffs or to their Counsel, by clicking on the links in this sentence, or by clicking on the Plaintiffs in the Pleading Heading.The often discussed US Supreme Court case, FTC v Superior Court Lawyers Association, 493 US 411 (1990) can be viewed by clicking on the case citation.

Summary as of January 7, 2004: Judge Kane allowed the Government's motion to dismiss. His order and 24 page decision are online, below.

To View Previous Summaries, Click Here.

Filed January 6, 2004 by the Court:

Order and Decision on Government's Motion to Dismiss

Filed October 10, 2003 by the Court

Notice of Rescheduled Hearing

Filed October 6, 2003 by the Defendants

Plaintiffs' Cover Letter
Appendix of cited cases
Certificate of Service
Supplemental Memorandum

Filed September 10, 2003 by the Court

Order denying CPCS's counsel request for opportunity to be independently represented.

Filed August 29, 2003 by the Court

Order to expand briefing on issues for Government's motion to dismiss

Filed August 14, 2003 by CPCS attorney Bill Leahy and by AG Ron Kehoe

CPCS Motion to be heard
Attorney General Cover Letter
Attorney General Opposition Memorandum
Attorney General Opposition Memorandum - Appendix A

Filed August 11, 2003 at the Motion Hearing in Taunton Superior Court

Attorney General Memorandum of Law opposing CPCS independent representation.
Plaintiff Bar Advocate amicus memorandum supporting CPCS independent counsel.

Filed August 4, 2003 by the Court; Kane, J:

Courts Order as to issues to be briefed, timetable for hearings.
Notice of Hearing on August 11, 2003 at 3:00 PM, Taunton Superior Court

Filed June 12, 2003 by the Plaintiffs:

Plaintiff's Certification of compliance with Rule 9A
Plaintiff's Motion to Amend Pleadings
Plaintiff's Notification of 9a Compliance
Plaintiff's Certification of Service
Government's opposition
Plaintiff's Supplemental Memorandum of Law
Court's Notice of Hearing

Filed March 17, 2003 by the Plaintiffs:

Third Amended Complaint

Filed February, 2003 by the Plaintiffs:

CPCS's response to Paul Machado's Freedom of Information Request.

Communication from CPCS Chief Counsel, William Leahy, regarding adequacy of compensation.

Scheduling of hearings on Motions.

Recently filed by the Plaintiffs:

Memorandum in Opposition to Government's 12(b) Motions

Recently filed Commonwealth Pleadings:

October 1, 2002 Cover Letter
Stipulation providing more time for Plaintiff to Respond
Motion to Dismiss [12(b)(1) and 12(b)(6)]
Memorandum in Support of Motion to Dismiss
Motion to Stay Discovery and Motion Practice
Defendant's Response to Motion for Class Certification

Recently filed by the Plaintiffs:

Motion to Certify Class
Memorandum of Law for Motion to Certify Class
Affidavit in Support of Motion to Certify Class
Proposed Order to Certify Class
Amended Complaint

To see the Appeals Court decision in the 1996 lawsuit, click here.
The decision has ramifications for our standing to sue in this lawsuit, to view click here.