Party Statement: Sharleen M. Shea Personal Representative for the Estate of David J. O'Donnell vs. Belay, Fasil T et al

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                                Date Filed 4/26/2024 11:20 AM
Superior Court - Middlesex
Docket Number 2081CV00224
                                                                 31.2

                                            COMMONWEALTH OF MASSACHUSETTS

                  MIDDLESEX, ss.                                        SUPERIOR COURT DEPARTMENT
                                                                        CIVIL ACTION NO: 2081CV00224


                  SHARLEEN M. SHEA, as she is Personal                 )
                  Representative of Estate of DAVID J.                 )
                  O’DONNELL                                            )
                          Plaintiff,                                   )                              4/26/2024
                                                                       )
                  v.                                                   )
                                                                       )
                  ZIMMER NORTHEAST, INC.,                              )
                  P.K.L BUSINESS ENTERPRISES, INC.                     )
                  JAMES KILLCOMMONS and                                )
                  FASIL T. BELAY,                                      )
                          Defendants                                   )

                                             RULE 9A AFFIDAVIT OF COMPLIANCE

                  1.       I, Marc A. Diller, am licensed to practice law in the Commonwealth of Massachusetts,
                           and I represent the Plaintiff in the above-captioned matter for the law firm Diller Law,
                           LLP, 50 Congress Street, Suite 420, Boston, MA 02109.

                  2.       On April 12, 2024, Plaintiff served the listed pre-trial motions and requests upon counsel
                           for the Defendants via electronic mail.

                  3.       On April 25, 2024, Plaintiff was served with the following oppositions/responses:
                           Defendants’ Opposition to Plaintiff’s Motion for Attorney Conducted Panel Voir Dire
                           and Request for Supplemental Juror Questionnaire; Defendants’ Limited Opposition to
                           Plaintiff’s Motion for Equal Number of Peremptory Challenges as Defendants;
                           Defendants’ Opposition to Plaintiff’s Motion to Sequester and for Order that Witnesses
                           Not be Allowed to Discuss Their Testimony with Each Other; Defendants’ Limited
                           Opposition to Plaintiff’s Motion in Limine to Exclude Evidence of Collateral Source
                           Payments; Defendants’ Opposition to Plaintiff’s Request for Limited Pre-Charge; and
                           Defendants’ Opposition to Plaintiff’s Motion In Limine to Preclude Improper Opinion
                           Evidence from Police Investigators Not Designated as Experts.

                  4.       Plaintiff and her counsel have complied with the provisions of Superior Court Rule 9A
                           with respect to the present motions and requests.




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Date Filed 4/26/2024 11:20 AM
Superior Court - Middlesex
Docket Number 2081CV00224




                          I, Marc A. Diller certify under the penalties of perjury that the foregoing is true and
                  correct to the best of my knowledge and belief.


                                                                     Plaintiff, Sharleen M. Shea,
                                                                     by her Attorney,

                                                                     __/s/ Marc A. Diller
                                                                     Marc Diller, Esq. [BBO# 644997]
                                                                     Diller Law, LLP
                                                                     50 Congress Street, Suite 420
                                                                     Boston, MA 02109
                                                                     (617) 523-7771
                  Date: 4/26/24                                      mdiller@dillerlaw.com