Court Case Record REGAN MCCARTHY vs. SLADE ASSOCIATES, INC. & others 2010-P-1837

REGAN MCCARTHY vs. SLADE ASSOCIATES, INC. & others Court Case Record

Court Case Number: 2010-P-1837

Case Number2010-P-1837
Case TypeCivil
StateMassachusetts, MA
CourtBerkshire Superior Court
Court Address
Field Date11/20/2006
Close Date06/24/2011


Thomas M. Elcock, Esquire Alan E. Lipkind, EsquireRegan McCarthyPlaintiff/Appellant
Benjamin E. Zehnder, EsquireSlade Associates, Inc.Defendant/Appellee
Benjamin E. Zehnder, EsquireChester N. LayDefendant/Appellee
Benjamin E. Zehnder, EsquireRichard F. LayDefendant/Appellee
Richard Oetheimer, EsquireSeaman's Savings BankDefendant/Appellee
Matthew C. Moschella, EsquireAlan E. LipkindIntervener/Appellant
Matthew C. Moschella, EsquireBurns & Levinson LLPIntervener/Appellant
David Grossbaum, Esquire Marissa I. Delinks, EsquireChristopher J. SnowThird-party Defendant/Appellee
Michael P. Roche, EsquireLester J. MurphyThird-party Defendant/Appellee
Entry Date Paper Entry Text
10/19/2010 #1 Entered.
10/19/2010 #2 Notice of entry sent.
10/28/2010 #3 Additional docket fee in the amount of $$900.00 received from Richard Oetheimer, Esquire, David Grossbaum, Esquire, Michael P. Roche, Esquire.
10/26/2010 #4 Motion for Christopher Snow, Seamen' Bank and Lester J. Murphy to be designated cross-appellants on appeal.
10/28/2010 #5 **** Cross Appeal ****
10/28/2010 #6 RE#3 Allowed. The appeals of Christopher Snow, Seamen's Bank and Lester J. Murphy are entered this date. Notice.
11/18/2010 #7 Motion of appellees and cross-appellants to supplement the record to include transcripts of July 13, 2010 hearing and to stay proceedings filed by Christopher Snow J., Seaman's Savings Bank, Lester J. Murphy, Slade Associates and Chester N. Lay.
11/19/2010 #8 RE#4: The parties' joint request to supplement the record and stay appellate proceedings is allowed. Appellate proceedings STAYED to 01/19/11 at which time a status report is due as to the transcripts. Notice
11/22/2010 #9 Motion of Burns and Levinson LLP and Alan E. Lipkind to Intervene in Support of Plaintiff/Appellant Regan McCarthy's Appeal and In Opposition to Defendants/Appellees' Cross-Appeal.
12/02/2010 #10 OPPOSITION to #5 filed by Chester N. Lay, Slade Associates, Inc., Seamen's Bank, Christopher Snow and Lester J. Murphy.
12/09/2010 #11 ORDER: "Upon consideration of all moving and opposing papers, the court ALLOWS the motion of Burns & Levinson, LLP, and Alan E. Lipkind, Esq., (together, "B&L") to intervene in the present appeal. Its interest in the protection of its work product and client relationship satisfies the standards of Mass. R. Civ. P. 24(a) and (b). This court possesses inherent discretionary authority to permit intervention in the appellate process by applicants seriously affected by judgments and orders under review and positioned to submit valuable argument to the court. See, i.e., Levenson v. Feuer, 60 Mass. App. Ct. 428, 442-443 (2004). The intervention should proceed as follows. B&L shall file a notice of appeal in the trial court, on or before December 17,2010, from the Order dated August 24, 2010, requiring B&L to disclose certain information relating to B&L's representation of its client, Regan McCarthy. Upon the filing of the notice of appeal, the appeal shall be consolidated with the instant appeal without further need of assembly of the record, and the trial court shall transmit forthwith two updated copies of the docket along with a copy of the notice of appeal. The appellate filing fee shall be submitted by the intervenors, pursuant to Mass. R. App. P. 10(a)(1), on or before December 22, 2010. Appellate proceedings remain stayed pending the receipt of the transcripts in this matter. (Sikora, J.) *Notice/attest/image.
12/16/2010 #12 Revised docket entries (certified; two copies) and copy of notice of appeal filed by Burns & Levinson LLP and Alan E. Lipkind received from Berkshire Superior Court.
12/17/2010 #13 Additional docket fee in the amount of $600 received from Matthew C. Moschella, Esquire for Burns & Levinson LLP and Alan E. Lipkind.
01/19/2011 #14 Motion to file a single joint appendix, filed by Regan McCarthy, Burns & Levinson, LLP and Alan E. Lipkind.
01/19/2011 #15 Status Report, filed by appellees/cross appellant.
01/20/2011 #16 RE#10 Allowed. Appellants are given leave to file one joint appendix. Notice
01/20/2011 #17 RE#11: The within is treated as appellees/cross-appellants' motion to vacate the stay of appellate proceedings and is allowed. Appellants' briefs are due on or before 03/01/11. Notice
02/18/2011 #18 MOTION to extend brief & appendix due date, filed by Thomas M. Elcock and Alan E. Lipkind.
02/22/2011 #19 RE#12: Appellate proceedings stayed to 3/4/11. Status report due 3/4/11 regarding pending trial court motion. *Notice.
02/24/2011 #20 Revised docket entries (certified; one copy) received from Berkshire Superior Court.
03/02/2011 #21 Status Report of Appellants Regan McCarthy, Burns & Levinson LLP and Alan Lipkind.
03/04/2011 #22 RE#14: The stay of appellate proceedings is vacated and the appellant's brief and joint record appendix are due 03/16/11. Notice