Court Case Record ILIDIO CRUZ vs. SMITH & WESSON 2011-P-1769

ILIDIO CRUZ vs. SMITH & WESSON Court Case Record

Court Case Number: 2011-P-1769

Case Number2011-P-1769
Case TypeCivil
StateMassachusetts, MA
CountyInd Accident Rev Bd
CourtInd Accident Rev Bd
Court Address
Field Date11/08/2007
Close Date09/26/2012


Katherine L. Lamondia-Wrinkle, Esquire Joseph P. Guerreiro, EsquireIlidio CruzPlaintiff/Appellant
John J. Canniff, III, EsquireSmith & WessonDefendant/Appellee
Entry Date Paper Entry Text
02/10/2012 #1 MOTION to extend brief & appendix due date, filed by Ilidio Cruz.
10/14/2011 #2 RE#3: Extension to 12/23/2011 granted for filing of brief of Ilidio Cruz, Plaintiff/Appellant. Notice to counsel.
10/14/2011 #3 Notice of appearance of Joseph P. Guerreiro as co-counsel for Ilidio Cruz.
10/21/2011 #4 Affidavit , filed by Joseph P. Guerreiro Esquire.
10/21/2011 #5 SERVICE of brief & appendix for Plaintiff/Appellant Ilidio Cruz.
11/21/2011 #6 RE#5: The within is treated as appellant's motion to enlarge time to file his brief, and is allowed to 02/6/12. *Notice.
11/21/2011 #7 RE#5: Amended action. As co-counsel for the appellant, on 12/23/11, submitted a brief and record appendix, the extension of the briefing period allowed on 12/27/11 (Re#5) was entered in error. The content of the affidavit filed by counsel is noted and the same shall remain on file. The appellee's brief remains due on 1/23/12. *Notice.
12/02/2011 #8 SERVICE of brief for Defendant/Appellee Smith & Wesson.
12/21/2011 #9 SERVICE of reply brief for Plaintiff/Appellant Ilidio Cruz.
12/23/2011 #10 ORDER of 11-J-362 paper #4: I have before me a petition to enlarge time to docket an appeal from a decision of the reviewing board for the Department of Industrial Accidents. At the same time that the self insurer filed an objection to this petition, it also filed a motion before the reviewing board to dismiss the appeal for failure to comply with rule 10A. Action on this petition was stayed pending the resolution of that motion before the reviewing board. The reviewing board has issued its decision on that motion and an order dismissing the petitioner's appeal. That dismissal has been appealed to this court has been entered on the panel docket in 11-P-1769. The petition states that "Attorney Boyd on [petitioner's] behalf filed an appeal of the action of the Reviewing Board in the Appeals Court." This would be consistent with the requirement of G. L. c. 152, ยง 12(2), which provides that "Any appeal from a decision by a reviewing board shall be taken pursuant to section fourteen of chapter thirty A, except that such appeal shall be filed with the appeals court of the commonwealth." I am referring the petition to the panel in No. 11-P-1769 so that, in the event that panel should determine that the order of dismissal by the Reviewing Board was of no effect because it is without power to dismiss an appeal filed in this court as required by law a question on which I express no opinion it may determine its merits in the first instance. (Rubin, J.) *Notice.
12/27/2011 #11 Memo: Case file of 11-J-362 filed with 11-P-1769.
01/06/2012 #12 Entered.
01/23/2012 Notice of entry sent.
02/06/2012 Docketing Statement received from Ilidio Cruz.
02/10/2012 Memo: Dept of Industrial Accidents judges = Catherine Watson Koziol, Mark D. Horan & Bernard W. Fabricant.
04/06/2012 Notice of 05/03/2012, 9:30 AM argument at John Adams Courthouse, Courtroom 3 (a3) sent.
04/30/2012 Letter pursuant to MRAP 16(l) filed by Ilidio Cruz.^
05/03/2012 Oral argument held. (Berry, J., Milkey, J., Sullivan, J.).
07/02/2012 Decision: Rule 1:28 Decision of reviewing board dismissing appeal affirmed (Berry, Milkey, Sullivan, JJ.). *Notice.
07/23/2012 Copy of FAR application of Ilidio Cruz.
09/26/2012 FAR DENIED (on 09/11/2012).
09/26/2012 RESCRIPT to Trial Court.