Court Case Record MARILYN LABOUNTY vs. LEE UNITT & others 2011-P-1091

MARILYN LABOUNTY vs. LEE UNITT & others Court Case Record

Court Case Number: 2011-P-1091

Case Number2011-P-1091
Case TypeCivil
StateMassachusetts, MA
CourtMiddlesex Superior Court
Court Address
Field Date12/14/2009
Close Date12/04/2012


Daniel B. Greenberg, EsquireMarilyn LaBountyPlaintiff/Appellee
Lee UnittPro Se Defendant/Appellant
Peter UnittPro Se Defendant/Appellant
Crest Group, LLCPro Se Defendant
Kurt R. McHugh, Esquire Amato J. Bocchino, EsquirePNC BankDefendant
Entry Date Paper Entry Text
06/22/2011 #1 Entered.
06/22/2011 #2 Notice of entry sent.
06/22/2011 #3 MOTION to stay, filed by Lee Unitt.
06/23/2011 #4 RE#2: Appellate proceedings in this case are STAYED to 07/22/2011. Appellant's motion to file a late notice of appeal from the judgment entered 10/21/10 was allowed by this court on 6/20/11 (see 11-J-249), with such notice of appeal to be filed in the trial court on or before 7/5/11. Upon the filing of that notice and the assembly of the record in that matter, appellant may enter that case and move in this court to consolidate the appeals. If the latter appeal has not been entered in this court by 7/22/11, appellant shall file a status report. *Notice.
07/06/2011 #5 Memo: Notice of Entry and Notice of docket entry (paper #1&2 mailed to Crest Group, LLC - RTS - Unable to Forward.
07/22/2011 #6 Status Report, filed by Lee Unitt.
07/22/2011 #7 Plaintiff-Appellant's MOTION to stay appellate proceedings to enable appellant to consolidate the appeals, filed by Lee Unitt.
07/25/2011 #8 RE#3: Appellate proceedings STAYED to 08/22/2011. Status report due 08/22/2011. *Notice.
07/25/2011 #9 RE#4: Appellate proceedings are already stayed. See the court's 7/25/11 action on paper no. 3. *Notice.
08/02/2011 #10 Memo: Notice of docket entries Re: #3 & 4 - mailed to Crest Group, LLC - returned not deliverable as addressed, unable to forward.
09/21/2011 #11 Notice preceding dismissal: Standing Order Governing Dismissals for Lack of Prosecution.
09/22/2011 #12 Status Report, filed by Lee Unitt.
09/22/2011 #13 MOTION to consolidate 2011-P-1091 with 2011-P-1453, filed by Lee Unitt.
09/23/2011 #14 MOTION to extend brief & appendix due date, filed by Lee Unitt.
09/26/2011 #15 RE#6: Allowed. The appeals 11-P-1091 and 11-P-1453 are hereby consolidated. All future filings shall refer to 10-P-1091, as 11-P-1453 is now closed. the stay of appellate proceedings in 10-P-1091 is vacated, and the appellant's brief containing the consolidated arguments shall be filed on or before 10/26/11. *Notice/Image.
09/26/2011 #16 RE#7: See court's action of this date on paper #6. *Notice.
09/27/2011 #17 OPPOSITION to paper #7, filed by Marilyn LaBounty.
09/29/2011 Memo: Notice preceding dismissal sent to Crest Group, LLC returned as "not deliverable as addressed."
09/29/2011 RE#8: The within is treated as appellee's motion to reconsider this court's action on paper #7, and after reconsideration is denied. However, appellee's opposition will be reconsidered upon any future requests for enlargement by appellant. *Notice.
10/07/2011 MOTION to allow Peter Unitt and Crest Group, LLC to join as plaintiff-appellants and to waive the docketing fees, filed by Lee P. Unitt.
10/11/2011 Memo: Notice RE#6 & RE#7 sent to Crest Group LLC returned as "not deliverable as addressed - unable to forward."
10/12/2011 RE#9: Denied. The pro se appellant, Lee P. Unitt, has filed a motion seeking to join as appellants in this appeal, Peter J. Unitt, and the Crest Group, LLC. As Lee P. Unitt is not an attorney and cannot represent the interests of the within named parties, the motion must be denied. It is noted that Peter J. Unitt and The Crest Group, LLC, did not file notices of appeal from the judgment now on appeal, and any attempt to now do so must be accomplished by the filing of a petition before the single, which establishes both a meritorious appellate issue and excusable neglect as to why the entry of the appeal was delayed. Tisei v. Building Inspector of Marlborough, 3 Mass. App. Ct. 377, 378-379 (1975). *Notice.