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Court Case Record JEANNETTE WARD CARPENTER vs. FRANKLIN CREDIT MANAGEMENT & another 2012-P-1389 UID(55b1)


JEANNETTE WARD CARPENTER vs. FRANKLIN CREDIT MANAGEMENT & another Court Case Record

Court Case Number: 2012-P-1389


 
Case Number2012-P-1389
Case TitleJEANNETTE WARD CARPENTER vs. FRANKLIN CREDIT MANAGEMENT & another
Case TypeCivil
StateMassachusetts, MA
CountySuffolk
CourtSuffolk Superior Court
Court Address
Phone
Field Date02/04/2008
Close Date07/09/2013

Parties

CounselNameType
Jeannette Ward CarpenterPro Se Plaintiff/Appellant
Paul Michienzie, EsquireFranklin Credit ManagementDefendant/Appellee
Paul Michienzie, EsquireTribeca Lending Corp.Defendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
08/27/2012 #1 Motion to waive entry fee, filed by Jeannette Ward Carpenter, is allowed.
08/27/2012 #2 Entered.
08/27/2012 #3 Notice of entry sent.
09/25/2012 #4 Letter from Jeannette Ward Carpenter re: Requests that the court allow to file by paper, docketing statement as well as consent to electronic notification.
09/25/2012 #5 RE#3: Treated as a motion to file a paper docketing statement, and allowed. *Notice.
09/25/2012 #6 Docketing Statement received from Jeannette Ward Carpenter. ^
10/19/2012 #7 Notice preceding dismissal: Standing Order Governing Dismissals for Lack of Prosecution.
10/24/2012 #8 MOTION to extend brief & appendix due date, filed by Jeannette Ward Carpenter.
10/26/2012 #9 RE#5: Denied without prejudice to renewal supported by affidavit of appellant detailing specific grounds for requested 120-day enlargement. *Notice.
11/08/2012 #10 ORDER: DISMISSAL under Standing Order Governing Dismissals for Lack of Prosecution.
11/28/2012 Motion to vacate dismissal, filed by Jeannette Ward Carpenter.
11/28/2012 MOTION to extend brief & appendix due date, filed by Jeannette Ward Carpenter.
12/03/2012 OPPOSITION to paper #6 & #7, filed by Franklin Credit Management, Tribeca Lending Corp.
12/27/2012 ORDER: Upon consideration of the motion of appellant Jeannette Ward Carpenter to vacate dismissal of her proposed interlocutory appeal (from the denial of preliminary injunctive relief and denial of the modification of settlement agreement) and of the opposition of the defendants, I DENY the motion to vacate dismissal. REASONING. 1. The Appeals Court Standing Order Concerning Dismissal of Appeals and Reports in All Cases for Lack of Prosecution allows a single justice to vacate a dismissal for lack of prosecution within fourteen days of the docketing of the dismissal. 2. In this case the clerk docketed dismissal for lack of prosecution on November 8, 2012. The clerk had previously (a) issued a notice preceding dismissal on October 19, 2012, and (b) issued a notice on October 26, 2012, denying without prejudice the appellant's request for an extension of 120 days and directing her to submit an affidavit specifying grounds for the extension. No affidavit came to the court by either November 8, the date of dismissal, or November 22, the point fourteen days after docketing of dismissal. 3. A motion to vacate dismissal and to enlarge time for submitting a Brief and Record Appendix, with supporting affidavit material, came to this court on November 22, 2012. The papers described the appellant's communication with the office of the clerk and her health problems. They did not address the potential merits of an appeal. 4. The Standing Order limits the authority of the single justice to vacate dismissal to the fourteen-day period immediately after docketing. The authority expired at the close of November 22, 2012. Accordingly, I have no authority to vacate the dismissal by reason of the papers submitted on November 28. I must therefore deny the request to vacate. (Sikora, J.). *Notice/Attest.
07/09/2013 Notice of dismissal to Trial Court and parties: Standing Order Governing Dismissals for Lack of Prosecution.