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Court Case Record MARKET FORGE INDUSTRIES INC & another vs. INDIAN HARBOR INSURANCE COMPANY & another 2013-P-1585 UID(9085)


MARKET FORGE INDUSTRIES INC & another vs. INDIAN HARBOR INSURANCE COMPANY & another Court Case Record

Court Case Number: 2013-P-1585


 
Case Number2013-P-1585
Case TitleMARKET FORGE INDUSTRIES INC & another vs. INDIAN HARBOR INSURANCE COMPANY & another
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex
CourtMiddlesex Superior Court
Court Address
Phone
Field Date06/01/2011
Close Date09/26/2014

Parties

CounselNameType
Mina S. Makarious, Esquire Arthur P. Kreiger, EsquireMarket Forge Industries IncPlaintiff/Appellant
Mina S. Makarious, EsquireMF Properties LLCPlaintiff/Appellant
William A. Schneider, EsquireIndian Harbor Insurance CompanyDefendant/Appellee
William A. Schneider, EsquireXL Insurance aka XL Specialty InDefendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
10/08/2013 #1 Entered.
10/08/2013 #2 Notice of entry sent.
10/10/2013 #3 Docketing Statement received from Market Forge Industries Inc & MF Properties LLC. ^
11/18/2013 #4 SERVICE of brief & appendix (1 vol) for Plaintiffs/Appellants Market Forge Industries Inc and MF Properties LLC.
12/16/2013 #5 MOTION to extend brief due date of Indian Harbor Insurance Company, XL Insurance aka XL Specialty Insurance.
12/17/2013 #6 RE#4: Allowed to 01/08/2014. Notice sent.
01/08/2014 #7 SERVICE of 7-briefs for Defendants/Appellees Indian Harbor Insurance Company & XL Insurance aka XL Specialty Insurance.
01/21/2014 #8 SERVICE of reply brief for Plaintiff/Appellant Market Forge Industries, Inc.
03/07/2014 #9 Notice sent seeking information on unavailability for oral argument in May 2014
03/17/2014 #10 Letter of Arthur P. Kreiger, Esquire unavailable for oral argument 5/1-5/5, 5/9.
03/20/2014 #11 Letter of William A. Schneider, Esquire unavailable for oral argument 5/12.
04/02/2014 #12 Notice of 05/06/2014, 9:30 AM argument at John Adams Courthouse, Courtroom 3 (a3) sent.
04/29/2014 #13 Letter from William A. Schneider re: corporate transactions among appellants. @
05/06/2014 Oral argument held. (Green, J., Meade, J., Sullivan, J.).
08/29/2014 Decision: Rule 1:28 The judgment is vacated and the matter is remanded for further proceedings consistent with the memorandum and order of the Appeals Court. (Green, Meade & Sullivan, JJ.). *Notice.
09/11/2014 PETITION for Rehearing, filed by Market Forge Industries Inc, & MF Properties LLC. (paper filing)
09/11/2014 RE#12: The within document is to be filed forthwith by emailing a PDF including any attachments and certificate of service to emotions@appct.state.ma.us *Notice.
09/11/2014 Memo: PDF of paper #12 received. ^
09/11/2014 Memo: Paper #12 sent to panel.
09/16/2014 ORDER: Upon consideration of the petition for rehearing, the panel rules as follows. The appeal will not be reheard. However, the last sentence of the memorandum and order dated August 29, 2014, is hereby deleted and the following is substituted in its place: "Market Forge has requested attorney's fees in connection with this appeal. The judge in the Superior Court denied the request for declaratory judgment regarding the insurers' obligation to defend in light of his initial disposition of the case, and he will have the opportunity to consider the issue on remand. We decline to address that issue in the first instance. Market Forge's request for attorney's fees on appeal is denied, but the denial is without prejudice to consideration of the duty to defend and the award of fees in the Superior Court." A copy of the modified decision is to be sent this date to counsel and the Office of the Reporter of Decisions (Green, Meade & Sullivan, JJ.). Notice
09/16/2014 Memo: Copy of revised 1:28 sent to counsel this date.
09/26/2014 RESCRIPT to Trial Court.