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Court Case Record IN RE: Guardianship of J.D. 2012-P-1707 UID(376c)


IN RE: Guardianship of J.D. Court Case Record

Court Case Number: 2012-P-1707


 
Case Number2012-P-1707
Case TitleIN RE: Guardianship of J.D.
Case TypeCivil
StateMassachusetts, MA
CountyBristol Probate & Family
CourtBristol Probate & Family
Court Address
Phone
Field Date
Close Date11/09/2012

Parties

CounselNameType
Matthew H. Beaulieu, EsquireBrigham & Women's HospitalPlaintiff/Appellee
John W. Skurchak, Jr., EsquireJ. D.Defendant/Appellee
Brenda M. Klein, EsquireLucindo D.Defendant/Appellant
Leslie M.Pro Se Defendant/Appellant
Janis Sallinger, EsquireJanis SallingerGuardian ad litem/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
10/26/2012 #1 Entered.
10/26/2012 #2 Memo: Probate court record received contains confidential medical information and a Guardian ad Litem report.
10/26/2012 #3 Copy of Lucindo D. notice of appeal and Court MRAP 4(a) letter to Bristol Probate Court.
10/26/2012 #4 Copy of Probate Court Findings and Memorandum of Decision dated 10/26/12.
10/26/2012 #5 ORDER: Petitioner Lucindo D., father to J. D., has filed a motion to stay pursuant to Mass.R.A.P. 6(a) pending his appeal of an order of the Bristol Probate and Family Court, dated October 5, 2012 and entered October 24, 2012, concerning medical measures being taken in respect to his son. As the order at issue orders J. D. medical treatment providers to withdraw all artificial life support and to designate him a DNR/DNI, comfort measures only patient in his medical records, I conclude that it is final in nature. To the extent it may be deemed an interlocutory order, leave to appeal is hereby granted. The temporary stay of the trial court order granted on October 24, 2012, is to remain in effect until further order of this court. The petitioner's appeal is to proceed on an expedited basis in accordance with the following procedures. The petitioner shall be treated as the appellant and the other parties as the appellees. The matter is hereby entered on the docket as 12-P-1707, without payment of any additional fee or further assembly of the record. As the trial court has forwarded the record to this court, no party needs to file a record appendix. The briefing requirements of Mass.R.A.P. 16 and 20 are hereby suspended. Each party is requested to file a memorandum on or before 10:00 a.m. on Monday, October 29, 2012 by emailing it to the Clerk's Office at emotions@appct.state.ma.us. The case is hereby scheduled for oral argument on Monday, October 29, 2012 at 2:00 p.m. in Courtroom 4 (Cypher, J.)
10/26/2012 #6 Memo: Notice of order (paper #3) sent under 12-J-0399.
10/31/2012 #7 Memorandum, filed by Brigham & Women's Hospital.^
10/31/2012 #8 Motion to expand the record, filed by Brigham & Women's Hospital.^
10/31/2012 #9 Memorandum, filed by J. D.^
10/31/2012 #10 Notice of appearance of Brenda M. Klein for Lucindo D.^
10/31/2012 #11 Memorandum, filed by Lucindo D. ^
10/31/2012 #12 Oral argument held. (Cypher, J., Green, J., Sikora, J.).
11/02/2012 ORDER: The order of the Bristol Probate & Family Court of October 5, 2012, entered on the Probate Court docket on October 24, 2012, in which the court ordered the incapacitated person's medical treatment providers to withdraw all artificial life support and designate him a DNR/DNI, Comfort Measures Only patient in his medical records is hereby affirmed. The stay of the Probate Court order entered by this court on October 24, 2012 in 12-J-399 is hereby vacated. The court's decision is to follow. (Cypher, Green & Sikora,JJ.). *Notice/Attest/Nesi, J.
11/05/2012 Decision: Rule 1:28 Order dated October 5, 2012, affirmed (Cypher, Green, Sikora, JJ.). *Notice.
11/06/2012 SJC ORDER: This matter came before the Court, Lenk, J., on an application for stay of judgment or order of the Appeals Court dated November 2, 2012, vacating the stay of an order of the Probate and Family Court in matter No. BR12P1183GD, and allowing Brigham and Women's Hospital to withdraw life support. Upon consideration thereof, is ORDERED that the order of the Probate and Family Court, dated October 5, 2012, in matter No. BR12P1183GD, permitting the incapacitated person's medical treatment providers to withdraw all artificial life support and designate him a "DNR/DNI, Comfort Measures Only patient," is hereby STAYED until further order of this court (Lenk, J.).
11/06/2012 Related SJC case: SJ-2012-440.
11/09/2012 SJC ORDER: The applications for further appellate review are denied, and the temporary stay ordered by the single justice on November 2, 2012, and continued in effect on November 5, 2012, is hereby vacated.
11/09/2012 RESCRIPT to Trial Court.