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Court Case Record BEVERLEY A. FINNEGAN & others vs. KERRY COUGHLIN & others 2012-P-1700 UID(17c1)


BEVERLEY A. FINNEGAN & others vs. KERRY COUGHLIN & others Court Case Record

Court Case Number: 2012-P-1700


 
Case Number2012-P-1700
Case TitleBEVERLEY A. FINNEGAN & others vs. KERRY COUGHLIN & others
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex
CourtMiddlesex Superior Court
Court Address
Phone
Field Date04/06/2011
Close Date08/08/2013

Parties

CounselNameType
Beverley A. FinneganPro Se Plaintiff/Appellant
Magda C. LopezPro Se Plaintiff
Janet J. PidgePro Se Plaintiff/Appellant
Edmund A. Allcock, EsquireKerry CoughlinDefendant/Appellee
Edmund A. Allcock, EsquireLouise DickDefendant/Appellee
Edmund A. Allcock, EsquireJack PorterDefendant/Appellee
Edmund A. Allcock, EsquireBob ReadDefendant/Appellee
Edmund A. Allcock, EsquireStephen ShufroDefendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
10/25/2012 #1 Entered.
10/25/2012 #2 Notice of entry sent.
10/25/2012 #3 MOTION to waive entry fee, filed by Janet J. Pidge.
10/26/2012 #4 RE#2: As the Supplemental to the Affidavit of Indigency, submitted along with the appellant's motion to waive Appeals Court entry fee and affidavit of indigency, is not complete on its face, the motion is denied without prejudice to renewal, on or before 11/5/12, accompanied by a Supplement to the Affidavit, complete in all respects. *Notice.
11/02/2012 #5 Additional docket fee in the amount of $300 received from Janet J. Pidge.
11/07/2012 #6 MOTION request to file appeal brief, filed by Janet J. Pidge.
11/08/2012 #7 RE#4: The within is treated as a motion to enlarge time filed by appellant Janet Pidge, and as such, no action is necessary as the appellants' briefs are due 12/4/12. As appellant Pidge is not an attorney, she may not file any pleadings on behalf of appellant Finnegan, who must sign her own pleadings as she is acting pro se. All future filings to be supported by a proper certificate of service pursuant to MRAP 13. *Notice.
11/27/2012 #8 Copy of letter re: motion request to reschedule 12/3/12 hearing received from Beverley A. Finnegan & Janet J. Pidge.
12/03/2012 #9 MOTION to extend brief & appendix due date, filed by Beverley A. Finnegan.
12/03/2012 #10 RE#6: A review of the docket shows that the appellants have not filed the civil docketing statement required by the Appeals Court's Pilot Program Requiring Appellants to File Docketing Statements in Civil Cases. Consequently, the motion is denied without prejudice to renewal after the appellant has filed the docketing statement. See Court's website for filing instructions. *Notice.
12/04/2012 #11 Document removed as entered in error.
12/04/2012 #12 MOTION to extend brief & appendix due date, filed by Janet J. Pidge.
12/18/2012 #13 ORDER: The plaintiffs, Beverly A. Finnegan and Janet J. Pidge, have each entered an appeal the above-referenced case. As this court noted on November 8, 2012, and December 3, 2012, each plaintiff, as an appellant, is required to file a docketing statement, and filings by all parties must be accompanied by a certificate of service pursuant to Mass.R.A.P. 13(d). Further, pursuant to the court's standing order requiring the filing of docketing statements, an appellant's failure to file a docketing statement can result in the court's denial of a motion to enlarge time to file the brief. As of this date, neither appellant has filed a docketing statement, and the appellants' motions (papers #4, 6, and 8) requesting extensions of time to file a brief were not accompanied by a certificate of service, thus precluding the court from granting the requests. The appellants were required to file an individual, or a joint, brief and a joint record appendix by December 4, 2012. Where no brief was timely filed or enlargement of time granted, the first step of the Appeals Court's standing order governing dismissals for lack of prosecution is to enter forthwith. Each appellant will have 14 days to file a docketing statement and a motion to enlarge time supported by a certificate of service. (Sikora, J.). *Notice/Attest
12/18/2012 #14 Notice preceding dismissal: Standing Order Governing Dismissals for Lack of Prosecution.
12/21/2012 #14.1 Letter from Beverley A. Finnegan, Janet J. Pidge re: Emergency motion to be heard notice preceding dismissal.
12/21/2012 #14.2 ORDER: This court's order dated December 18, 2012, noted and explained that the plaintiffs' docketing statements, briefs and record appendix were not timely filed, and that the Massachusetts Rules of Appellate Procedure require each party to accompany every filing with a certificate stating that she sent a copy of the filing to each party in the case. See Mass.R.A.P. 13. As required by the court's standing order, when an appellant's brief is not timely filed, the court issues a notice preceding dismissal, which provides the appellant two weeks to file and serve a motion to enlarge time to file the brief and appendix. This notice issued on December 18, 2012. The plaintiffs jointly submitted a letter on December 21, 2012, asking that the dismissal be vacated. This letter was not accompanied by a certificate of service, thus the court cannot grant any relief. Further, to the extent the letter could be construed as requesting an extension of time during which the appellants request to file their briefs and appendix, no date is proposed or requested. Finally, the appeal has not been dismissed - only a notice preceding dismissal has entered. As a courtesy, the court is sending to each appellant a copy of a certificate of service form, a copy of the docket (which contains the names and addresses of the attorneys and self-represented parties upon whom the appellants must serve copies of all filings), and the Clerk's Guide to Appeals from the court's website. (Sikora, J.) . *Notice.
12/24/2012 #15 Letter from Beverley A. Finnegan, & Janet J. Pidge re: emergency motion to be heard, notice preceding dismissal dated 12/18/12.
12/31/2012 #16 Copies of certificate of service of December 20, 2012 emergency motion, received from Janet J. Pidge, & Beverley A. Finnegan.
01/08/2013 #17 Memo: RE#12: Copy of P#10.
01/15/2013 #18 ORDER: DISMISSAL under Standing Order Governing Dismissals for Lack of Prosecution.
01/17/2013 #19 Notice to Beverley A. Finnegan and Janet J. Pidge that brief is non-conforming for the reasons indicated on the checklist: 3, 6, 17, 18 & 25. Table of authorities is misbound and appears at page 34 in brief. The appeal was dismissed pursuant to second step of the Court's standing order concerning dismissal for lack of prosecution. You must file a motion requesting that the dismissal be vacated, accompanied by a certificate of service. The party has until 01/28/2013 to file, and re-serve upon all parties, a conforming brief and appendix or a motion to accept nonconforming brief and appendix.
01/28/2013 #20 Notice to Beverley A. Finnegan, Janet J. Pidge that brief is non-conforming for the reasons indicated on the checklist: 17, 18. Certificate of service was missing, 22, 23 & 24. Other: The table of authorities is out of order, appearing on pages 34-38, not in the front of brief. See MRAP 16(a)(1). The brief is late, the appeal was dismissed on 1/15/13 and no motion to reinstate appeal or enlarge time was filed.