seal

Court Case Record MICHAEL AUSTIN vs. COMMONWEALTH 2011-P-1491 UID(13c5)


MICHAEL AUSTIN vs. COMMONWEALTH Court Case Record

Court Case Number: 2011-P-1491


 
Case Number2011-P-1491
Case TitleMICHAEL AUSTIN vs. COMMONWEALTH
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex
CourtMiddlesex Superior Court
Court Address
Phone
Field Date04/19/2007
Close Date01/18/2013

Parties

CounselNameType
Rebecca Rose, EsquireMichael AustinPlaintiff/Appellant
Bradley A. Sultan, EsquireCommonwealthDefendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
08/25/2011 #1 Motion to waive entry fee, filed by Michael Austin, is allowed.
08/25/2011 #2 Entered.
08/25/2011 #3 Notice of entry sent.
09/01/2011 #4 Docketing Statement received from Michael Austin.
09/29/2011 #5 Motion for enlargement of time in which to file brief, filed by Michael Austin.
09/29/2011 #6 RE#4: Extension to 11/30/2011 granted for filing of brief of Michael Austin, Plaintiff/Appellant. Notice to counsel.
12/01/2011 #7 SERVICE of brief & appendix for Plaintiff/Appellant Michael Austin.
12/13/2011 #8 MOTION to extend brief due date of Commonwealth.
12/13/2011 #9 RE#6: Extension to 04/03/2012 granted for filing of brief of Commonwealth, Defendant/Appellee. Notice to counsel.
12/16/2011 #10 Letter from Rebecca Rose, Esquire re: attached with one complete transcript (four volumes) on paper, of the appellant's SDP trial.
04/04/2012 #11 MOTION to file supplemental appendix, filed by Commonwealth.
04/04/2012 #12 RE#8: Allowed for filing with the appellee's brief this date. *Notice.
04/04/2012 #13 SERVICE of brief & supplemental appendix for Defendant/Appellee Commonwealth.
04/05/2012 #14 ORDER: The Superior Court's docket designated this case as "not public information." Consequently, upon the entry of this appeal in the Appeals Court, the case was designated as fully impounded. See SJC Rule 1:15, § 2(b). Upon review, however, it appears that the case should not be impounded because it is the respondent's appeal from his civil commitment as a sexually dangerous person, per G. L. c. 123A, 14(d), and cases of this nature are not required to be impounded by the statute. Further, the Superior Court's docket contains no order of a judge impounding the case, see Trial Court Rule VIII, Rule 8, and the Superior Court's notice of assembly did not include a copy of any order of impoundment, see S.J.C. Rule 1:15, § 2(a). For these reasons, it appeared that the impounded designation for the appeal should be removed, and the case be placed on the public docket. Each party is granted until fifteen days from the entry date of this order to serve and file a letter in response to this order that states any objection to the removal of the impounded designation, and the legal grounds for such objection. In addition, the letters should identify what, if any, information is contained in the parties' briefs and record appendix that must be redacted or impounded. See G. L. c. 265, § 24C; Mass.R.A.P. 16 (d), as amended, 425 Mass 1601 (1997), 16(m), 425 Mass. 1601 (1997) and 18 (g), 425 Mass. 1602 (1997). *Notice/Attest.
07/11/2012 #15 Notice sent seeking information on unavailability for oral argument in September 2012
07/19/2012 #16 Letter of Bradley A. Sultan, Esquire unavailable for oral argument 9/10 - 9/21.
08/03/2012 Notice sent seeking information on unavailability for oral argument in October 2012
08/08/2012 Letter of Bradley A. Sultan, Esquire unavailable for oral argument 10/1-10/3.
09/10/2012 Notice sent seeking information on unavailability for oral argument in November 2012
09/12/2012 Letter of Bradley A. Sultan, Esquire unavailable for oral argument November 26-30th.
10/12/2012 Notice sent seeking information on unavailability for oral argument in December 2012
10/25/2012 Notice of 12/05/2012, 9:30 AM argument at John Adams Courthouse, Courtroom 4 (a4) sent.