seal

Court Case Record CAROLE J. ZANIBONI vs. MASSACHUSETTS TRIAL COURT 2010-P-1115 UID(f85d)


CAROLE J. ZANIBONI vs. MASSACHUSETTS TRIAL COURT Court Case Record

Court Case Number: 2010-P-1115


 
Case Number2010-P-1115
Case TitleCAROLE J. ZANIBONI vs. MASSACHUSETTS TRIAL COURT
Case TypeCivil
StateMassachusetts, MA
CountySuffolk
CourtSuffolk Superior Court
Court Address
Phone
Field Date07/16/2001
Close Date05/08/2012

Parties

CounselNameType
Paul R. Chomko, EsquireCarole J. ZaniboniPlaintiff/Appellant
Marini Torres-Benson, Esquire Stephen Dick, A.A.G. Inactive Daniel G. Cromack, A.A.G.Massachusetts Trial CourtDefendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
06/24/2010 #1 Entered.
06/24/2010 #2 Notice of entry sent.
08/03/2010 #3 SERVICE of brief & appendix for Plaintiff/Appellant Carole J. Zaniboni. Appendix = 1 vol; Trans = 5 vols, 2 sets; Exhibits = 5 vols, 5 sets.
09/03/2010 #4 Appearance of Daniel G. Cromack, A.A.G. for Massachusetts Trial Court.
09/03/2010 #5 MOTION to extend brief due date of Massachusetts Trial Court.
09/07/2010 #6 RE#4: Extension to 10/07/2010 granted for filing of brief of Massachusetts Trial Court, Defendant/Appellee. Notice to counsel.
10/07/2010 #7 SERVICE of brief for Defendant/Appellee Massachusetts Trial Court.
10/21/2010 #8 MOTION to extend reply brief due date, filed by Carole J. Zaniboni.
10/22/2010 #9 RE#6: Allowed to 11/1/10. Notice.
11/01/2010 #10 SERVICE of reply brief for Plaintiff/Appellant Carole J. Zaniboni.
02/09/2011 #11 Notice of 03/10/2011, 9:30 AM argument at John Adams Courthouse, Courtroom 3 sent.
03/10/2011 #12 Oral argument held. (Mills, J., Brown, J., Wolohojian, J.).
04/01/2011 #13 Assented to motion to transfer case to single justice filed by Carole J. Zaniboni.
04/11/2011 #14 MEMORANDUM AND ORDER "The case came on for oral argument on March 10, 2011. At the hearing and in discussion among counsel and the panel, it appeared that the appeal was premature inasmuch as it is an interlocutory appeal which had bypassed G. L. c. 231, § 118 (1st para.). It was initially concluded among counsel and the panel that the matter would be stayed to permit the parties to seek leave from the single justice to prosecute an interlocutory appeal. It was overlooked that, as of the date of oral argument, the thirty day limit of G. L. c. 231, § 118 (1st para.), had expired. The only remedy currently available to the parties for prosecution of an appeal of this interlocutory order is by means of a reported question. Mass.R.Civ.P. 64(a), 365 Mass. 831 (1974). Transfer to the single justice, as the parties have requested in an assented-to motion by the appellant, is inappropriate. This matter is stayed for thirty days to permit the parties to proceed, as they may chose, in Superior Court to seek rule 64(a) relief. This court does not suggest that the report of a question is or is not appropriate. The decision to report any question is, of course, committed to the sound discretion of the judge. Accordingly, this appeal is stayed for thirty days, and the parties are instructed to file a status report within thirty days of the date of the entry of this order. The assented-to motion to transfer the appeal and cross-appeal to the single justice is denied. So ordered." (Mills, Brown & Wolohojian, JJ.). *Notice/Attest/Image
05/13/2011 #15 Status Report (letter form) filed by Carole J. Zaniboni.
05/18/2011 #16 RE#11: Appellate proceedings STAYED to 06/20/2011. Status report due 06/20/2011. (Mills, Brown & Wolohojian, JJ.) *Notice.
09/13/2011 #17 ORDER: The appeal entered as 11-P-1133 is consolidated with the appeal in 10-P-1115. The consolidated appeal is scheduled for oral argument on September 20, 2011, at 11:00 a.m. in courtroom 4. *Notice.
09/16/2011 #18 SERVICE of reply brief for Plaintiff/Appellant Carole J. Zaniboni.
09/20/2011 Oral argument held. (Mills, J., Brown, J., Wolohojian, J.).
09/30/2011 MOTION pursuant to MRAP 19(a) for leave to file the reply brief permitted by MRAP 16(c) (w e-filed reply), filed by Massachusetts Trial Court.*@
01/30/2012 RE#14: Allowed. (Mills, Brown, & Wolohojian, JJ.) *Notice.
01/30/2012 SERVICE of reply brief for Defendant/Appellee Massachusetts Trial Court.