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Court Case Record BAC Home Loans Servicing, LP & another vs. Stewart J. Lustgarten 2010-J-0198 UID(e7d3)


BAC Home Loans Servicing, LP & another vs. Stewart J. Lustgarten Court Case Record

Court Case Number: 2010-J-0198


 
Case Number2010-J-0198
Case TitleBAC Home Loans Servicing, LP & another vs. Stewart J. Lustgarten
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex
CourtMiddlesex Superior Court
Court Address
Phone
Field Date04/16/2010
Close Date04/22/2010

Parties

CounselNameType
Elyssa B. Slater, EsquireBAC Home Loans Servicing, LPPlaintiff
Elyssa B. Slater, EsquireCountrywide Home Loans ServicingPlaintiff/Respondent
Stewart J. LustgartenPro Se Defendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
04/16/2010 #1 Request to waive entry fee, filed by Stewart J. Lustgarten.
04/16/2010 #2 RE#1: Treating the within as a motion to waive the filing fee, it is allowed and the appeal is entered this date.
04/16/2010 #3 Emergency motion to stay on appeal, filed by Stewart J. Lustgarten.
04/21/2010 #4 Sur-reply to Emergency motion to stay on appeal, filed by Stewart J. Lustgarten.
04/22/2010 #5 Opposition to Motion to Stay, filed by BAC Home Loans Servicing, LP.
04/22/2010 #6 RE#2: For the reasons cited in opposition (paper #4), the request for relief is denied. (Milkey, J.) *Notice/Attest/Billings, J.
04/28/2010 #7 Motion to reconsider paper #2 filed by Stewart J. Lustgarten.
04/29/2010 #8 RE#5: Upon reconsideration, the action of 04/22/10 (paper #2) is to stand (Milkey, J.). Notice/attest/Billings, J.
06/25/2010 Motion to reinstate appeal of this case filed by Stewart J. Lustgarten.
07/02/2010 RE#6: The within is treated as a motion to enlarge the time in which to enter the appeal of MICV2009-00073, and is denied without prejudice to renewal, on or before 7/16/10, with a memorandum establishing excusable neglect and a meritorious appellate case. Tisei v. Building Inspector of Marlborough, 3 Mass. App. Ct. 377, 379 (1975). Also, as entry fees are required to enter both the instant single justice petition ($315) and the underlying appeal ($300), the filing should be accompanied by those fees, or by a motion seeking waiver of the fees along with a completed affidavit of indigency using the form promulgated by the Supreme Judicial Court (form enclosed). 10-J-198 is closed and a motion to late docket the underlying appeal constitutes a separate and new filing before the single justice (Hanlon, J.). Notice
08/02/2010 Response to court order for issues on appeal, filed by Stewart J. Lustgarten.
08/04/2010 RE#7: This matter, 10-J-198, is closed. Please refer to the action, dated 7/2/10, on paper #6, which sets forth the procedure you must follow in order to enter your petition before the single justice requesting the late docketing of your appeal. *Notice.
08/11/2010 Motion to late docket on appeal pursuant to court order dated August 4, 2010 and memorandum of excusable neglect, filed by Stewart J. Lustgarten.
08/25/2010 RE#8: See action of 7/2/10. A new petition and filing fee are required. *Notice.