Court Case Record CLIFFORD J. MARTIN vs. SIMMONS PROPERTIES, LLC 2011-P-1224 UID(c1d7)


Court Case Number: 2011-P-1224

Case Number2011-P-1224
Case TypeCivil
StateMassachusetts, MA
CourtLand Court
Court Address
Field Date08/03/2007
Close Date11/02/2012


Clifford J. MartinPro Se Plaintiff/Appellant
Craig J. Ziady, Esquire Joseph P. Mingolla, EsquireSimmons Properties, LLCDefendant/Appellee
Entry Date Paper Entry Text
07/13/2011 #1 Entered.
07/13/2011 #2 Notice of entry sent.
08/09/2011 #3 Docketing Statement received from Clifford J. Martin.
08/22/2011 #4 Motion to dispense with the requirement of an appendix, filed by Clifford J. Martin.
08/22/2011 #5 SERVICE of brief for Plaintiff/Appellant Clifford J. Martin.
08/29/2011 #6 RE#3: Denied. The appellant shall, or or before 9/9/11, submit 7 copies of a record appendix in compliance with MRAP 18(a) and 20(a)(4). *Notice.
09/12/2011 #6.1 Notice to Clifford J. Martin that brief is non-conforming for the reasons indicated on the checklist: #2 (appendix), & #22. ***Other: Exhibit volumes are not securely bound, volumes of appendix are not labeled with volume number.. The party has until 09/22/2011 to file a conforming brief and appendix or a motion to accept nonconforming brief and appendix.
09/13/2011 #7 MOTION to extend brief due date of Simmons Properties, LLC.
09/14/2011 #8 RE#6: Extension to 10/06/2011 granted for filing of brief of Simmons Properties, LLC, Defendant/Appellee. Notice to counsel.
09/16/2011 #9 Notice of appearance of Joseph P. Mingolla for Simmons Properties, LLC.
09/19/2011 #10 Motion to accept non-conforming brief and/or Appendix or in the alternative, Leave of the court to an extension of time to conform, filed by Clifford J. Martin.
09/20/2011 #11 LIMITED OPPOSITION to paper #7, filed by Simmons Properties, LLC.
09/30/2011 #12 RE#7: The brief accepted for filing on 8/22/11 is hereby struck, as it was filed without an accompanying record appendix. The record appendix filed thereafter was not accepted for filing, as it was not in compliance with the rules of appellate procedure, specifically MRAP 18(d), as it requires that the record appendix be consecutively numbered, and MRAP 20(a), as it requires the appendix to be firmly bound. The exhibit volumes, containing oversized Land Court maps and plans, were submitted as envelopes containing the many plans and maps. Accordingly, the appellant shall, on or before 11/4/11, file corrected volumes of the record appendix, with volume numbers on the covers, consecutively numbered pages, properly bound and with a table of contents bound in each volume. Regarding the binding of the oversized maps and plans, the appellant shall consult with the Clerk's Office for suggested manner in which to have the exhibits properly bound and numbered. A corrected brief containing proper record references, pursuant to MRAP 16(a)(4), shall be filed along with the corrected appendix volumes. (Cypher, J.) *Notice.
11/04/2011 SERVICE of brief & appendix (6 volumes) for Plaintiff/Appellant Clifford J. Martin.
11/16/2011 SERVICE of brief for Defendant/Appellee Simmons Properties, LLC.
02/08/2012 Notice of 03/09/2012, 9:30 AM argument at John Adams Courthouse, Courtroom 4 (a4) sent.
03/09/2012 Oral argument held. (Cohen, J., Green, J., Graham, J.).
09/11/2012 Decision: Full Opinion. The portion of the judgment concluding that the defendant has no liability to the plaintiff in connection with the current improvements in Way A is vacated, the matter is remanded for further proceedings consistent with the opinion of the Appeals Court. The judgment is otherwise affirmed. (Graham, J.). *Notice.
09/28/2012 Copy of FAR application of Simmons Properties, LLC.
11/02/2012 FAR ALLOWED (on 10/31/2012). Case to SJC. Notice to Trial Court.