seal

Court Case Record CITY OF SPRINGFIELD vs. CIVIL SERVICE COMMISSION & another 2012-P-1904 UID(6b24)


CITY OF SPRINGFIELD vs. CIVIL SERVICE COMMISSION & another Court Case Record

Court Case Number: 2012-P-1904


 
Case Number2012-P-1904
Case TitleCITY OF SPRINGFIELD vs. CIVIL SERVICE COMMISSION & another
Case TypeCivil
StateMassachusetts, MA
CountyHampden
CourtHampden Superior Court
Court Address
Phone
Field Date07/29/2010
Close Date09/25/2013

Parties

CounselNameType
Maurice Cahillane, EsquireCity of SpringfieldPlaintiff/Appellant
Robert L. Quinan, Jr., A.A.G. James S. Whitcomb, A.A.G.Civil Service CommissionDefendant/Appellee
Lauren F. Olanoff, EsquireJoseph McDowellDefendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
12/05/2012 #1 Entered.
12/05/2012 #2 Notice of entry sent.
12/11/2012 #3 Docketing Statement received from Joseph McDowell.
12/24/2012 #4 Notice of appearance of James S. Whitcomb for Civil Service Commission.
01/16/2013 #5 MOTION to extend brief & appendix due date, filed by Joseph McDowell.
01/17/2013 #6 RE#4: Extension to 03/01/2013 granted for filing of brief of Joseph McDowell, Defendant/Appellant. Notice to counsel.
03/01/2013 #7 MOTION to extend brief & appendix due date, filed by Joseph McDowell.
03/04/2013 #8 RE#5: Extension to 04/05/2013 granted for filing of brief of Joseph McDowell, Defendant/Appellant. Notice to counsel.
04/08/2013 #9 SERVICE of 7 briefs & 7 appendices for Defendant/Appellant Joseph McDowell.
05/08/2013 #10 MOTION to extend brief due date of Civil Service Commission.
05/08/2013 #11 RE#7: Allowed to 6/7/13. *Notice.
05/10/2013 #12 SERVICE of brief for Plaintiff/Appellee City of Springfield.
05/13/2013 #13 Affidavit of counsel, received from Maurice Cahillane.
05/22/2013 #14 MOTION to strike the brief of appellee City of Springfield, filed by Joseph McDowell.
06/03/2013 #15 OPPOSITION to paper #10, filed by City of Springfield.
06/05/2013 #16 Docketing Statement received from City of Springfield.^
06/05/2013 #17 RE#10: See action on Paper #11. *Notice.
06/05/2013 #18 RE#11: Before a cross-appellant is obliged to file a docketing statement, it must first docket its appeal, pursuant to MRAP 10(a), by paying the entry fee within 10 days of receipt of the notice of assembly. As acknowledged herein, the City of Springfield did not do that. As a result, the City must now file a motion to docket the appeal late setting forth excusable neglect for the late docketing and meritorious issues to present on appeal. See Tisei v. Building Inspector of Marlborough, 3 Mass. App. Ct. 377, 379 (1975) and MRAP 10(a)(3). If the motion to late docket the cross-appeal late is allowed, the City will then have to pay the entry fee and file a Docketing Statement. Only if these steps are followed will the City be permitted to proceed as a cross-appellant in the appeal. Appellant McDowell may renew his motion to strike the City of Springfield's brief if the City is unsuccessful in docketing its cross-appeal. *Notice.
06/19/2013 #19 Motion to docket appeal late, filed by City of Springfield.
06/21/2013 #20 RE#13: Denied without prejudice to renewal, on or before 6/28/13, including a demonstration of excusable neglect for failure to docket timely. See MRAP 10(a) and 14(b). (Rubin, J.) *Notice.
06/27/2013 Renewed Motion to docket appeal late, filed by City of Springfield.
06/28/2013 RE#14: Allowed. City's cross-appeal to be docketed on or before 7/8/13 by payment of the requisite $300 docketing fee. (Rubin, J.) *Notice.