seal

Court Case Record MARK A. KITNER & another vs. MORTGAGE LENDERS NETWORK USA, INC. & others 2013-P-1294 UID(1963)


MARK A. KITNER & another vs. MORTGAGE LENDERS NETWORK USA, INC. & others Court Case Record

Court Case Number: 2013-P-1294


 
Case Number2013-P-1294
Case TitleMARK A. KITNER & another vs. MORTGAGE LENDERS NETWORK USA, INC. & others
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex
CourtMiddlesex Superior Court
Court Address
Phone
Field Date06/14/2011
Close Date01/05/2015

Parties

CounselNameType
Gregory D. Oberhauser, EsquireMark A. KitnerPlaintiff/Appellant
Gregory D. Oberhauser, EsquireJulie M. KitnerPlaintiff/Appellant
Mortgage Lenders Network USA, InDefendant/Appellee
Heather L. Bennett, EsquireMortgage Electronic RegistrationDefendant/Appellee
Heather L. Bennett, EsquireUS Bank National AssociationDefendant/Appellee
Heather L. Bennett, EsquireAmerican Servicing CompanyDefendant/Appellee
Thomas Lavallee, Esquire Nathalie K. Salomon, EsquireHarmon Law Offices, P.C.Defendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
08/15/2013 #1 Entered.
08/15/2013 #2 Notice of entry sent.
08/15/2013 #3 Motion to waive additional entry fees, filed by Mark A. Kitner, & Julie M. Kitner.
08/15/2013 #4 RE#2: Allowed. Additional filing fee waived. Appellants to file docketing statement per the Standing Order forthwith. *Notice.
08/29/2013 #5 Docketing Statement received from Mark A. Kitner, & Julie M. Kitner.
09/18/2013 #6 Notice of appearance of Nathalie K. Salomon for Harmon Law Offices, P.C.
09/25/2013 #7 MOTION to extend brief & appendix due date, filed by Mark A. Kitner & Julie M. Kitner.
09/25/2013 #8 RE#5: Allowed to 12/24/2013. Notice to counsel.
12/17/2013 #9 Motion to enlarge time for filing brief for Mark A. Kitner, Julie M. Kitner received by email. Rejection email sent for the following reason: the case has not been assigned to a panel; a paper copy or copies must be filed with the court instead.
12/19/2013 #10 MOTION to extend brief & appendix due date, filed by Mark A. Kitner, & Julie M. Kitner.
12/23/2013 #11 RE#6: Allowed to 01/23/2014. Notice sent.
01/23/2014 #12 MOTION to extend brief & appendix due date, filed by Mark A. Kitner, Julie M. Kitner
01/24/2014 #13 RE#7: Allowed to 01/27/2014. Notice sent.
01/28/2014 #14 MOTION to file brief one day late, filed by Mark A. Kitner, Julie M. Kitner.
01/28/2014 #15 RE#8: Denied without prejudice to refiling accompanied by a certificate of service on or before 2/3/14. Notice
02/24/2014 #16 Notice preceding dismissal: Standing Order Governing Dismissals for Lack of Prosecution.
02/28/2014 #17 Notice from the Appeals Court to Attorney Gregory D. Oberhauser re: This notice is to inform you that your nonconforming brief and/or appendix received by this Court on 01/28/2014, but which was not accepted for filing, will be discarded within 10 days from today unless you retrieve it prior to that date.
03/10/2014 #18 ORDER: DISMISSAL under Standing Order Governing Dismissals for Lack of Prosecution.
03/11/2014 #19 Motion to file appendix late, filed by Mark A. Kitner and Julie Kitner.
03/19/2014 #20 RE#10: This appeal was dismissed on 3/10/14. Appellants were notified on 1/28/14 that their motion to enlarge time for filing their brief was denied without prejudice to refiling, as a certificate of service did not accompany the motion. Accordingly, their brief has not been accepted for filing with the court. Moreover, appellants were notified on 2/24/14 that the first step in the court's dismissal process had entered for failure to prosecute their appeal, and the second step entered on 3/10/14. As the appeal has been dismissed, appellants must file a motion to reinstate their appeal, addressing in the motion excusable neglect and a meritorious appellate issue. See Tisei v Building Inspector of Marlborough, 5 Mass. App. C. 328 (1977). The motion, accompanied by a certificate of service, is due on or before 3/26/14. It is noted that appellants' most recent filing was not accompanied by a certificate of service. *Notice.
03/19/2014 #21 Copy of docket sent to Attorney Gregory D. Oberhauser by e-mail.
03/27/2014 #22 Motion to reinstate the appeal, filed by Mark A. Kitner &Julie Kitner.