Court Case Record Regan McCarthy vs. Christopher Snow & others 2010-J-0436

Regan McCarthy vs. Christopher Snow & others Court Case Record

Court Case Number: 2010-J-0436

Case Number2010-J-0436
Case TitleRegan McCarthy vs. Christopher Snow & others
Case TypeCivil
StateMassachusetts, MA
CourtBarnstable Superior Court
Court Address
Field Date09/23/2010
Close Date10/06/2010


Thomas M. Elcock, EsquireRegan McCarthyPlaintiff/Respondent
Ranen S. Schechner, EsquireChristopher SnowDefendant/Petitioner
Richard Oetheimer, EsquireSeamen's Savings BankDefendant/Petitioner
Robert J. Murphy, EsquireLester J. MurphyDefendant/Petitioner
Matthew C. Moschella, EsquireBurns & Levinson LLPOther/respondent
Entry Date Paper Entry Text
09/23/2010 #1 Memo: BACV2008-573: Regan McCarthy v. Christopher Snow; BACV2008-27: Regan McCarthy v. Seamen's Savings Bank & Lester J. Murphy.
09/23/2010 #2 PETITION pursuant to G.L. c. 231, s. 118 with attach, filed by Christopher Snow, Seamen's Savings Bank & Lester J. Murphy.
09/23/2010 #3 Motion to file oversize memo filed by Christopher Snow, Seamen's Savings Bank & Lester J. Murphy.
09/23/2010 #4 Motion for Appeals Court to delay ruling on petition for two weeks to provide Superior Court time to consider an emergency motion for reconsideration or clarification, filed by Christopher Snow, Seamen's Savings Bank & Lester J. Murphy.
09/27/2010 #5 RE#3: Action on the within is stayed pending trial court action on motion for reconsideration. Status report due 10/11/10. *Notice/attest.
09/28/2010 #6 Motion to remove stay and proceed with petition for interlocutory review in the normal course filed by Christopher Snow.
09/29/2010 #7 RE#4: No action necessary. Action on 10-J-438 is also stayed pending trial court action. *Notice.
10/01/2010 #8 Motion to extend stay entered in Superior Court pending resolution of interlocutory appeal filed by Regan McCarthy.
10/01/2010 RE#5: Order of the trial court staying compliance with its discovery order is hereby stayed pending further order of the court or a single justice thereof. Stay of proceedings on 10-J-436 and 10-J-438 vacated. *Notice/attest.
10/05/2010 Opposition of Regan McCarthy To Defendants' Joint Motion to Sever Interlocutory Appeal.
10/05/2010 Opposition of Regan McCarthy to Defendants' Motion for Leave to File Memorandum in Support of Petition for Interlocutory Review in Excess of 15 Pages.
10/06/2010 RE#2: No action necessary as this matter has been reported to a panel of the Appeals Court for determination of the issues contained in the petition. (Green, J.) *Notice.
10/06/2010 ORDER: "Before me are two petitions, nos. 2010-J-436 and 2010-J-438, arising from an order of a judge of the Superior Court in three consolidated cases pending in that court. In case number 2010-J-438, the plaintiff contends that the judge's order improperly requires disclosure of material covered by the attorney-client and work product privilege. In case number 2010-J-436, the defendants contend that the judge's order improperly limits their discovery of matters as to which any such privilege has been waived, under the "at issue" doctrine. See Darius v. Boston, 433 Mass. 274 (2001). In Darius the Supreme Judicial Court recognized the "at issue" doctrine in Massachusetts, but declined to formulate its boundaries. No reported appellate opinion since Darius has had occasion to elaborate further on the doctrine. The present petitions accordingly present issues worthy of consideration by a panel of this court. Consideration by a panel also is in the interest of judicial economy. Accordingly, I report the matters to a panel of this court for decision, with the plaintiff treated as the appellant. See Mass. R.A.P. 5. Upon receipt of this order, the Superior Court clerk's office shall assemble the record forthwith, including any materials that were before the Superior Court judge on the motion that is the subject of these petitions. Upon receipt of notice of assembly of the record, the appellants shall pay the requisite docket entry fee in accordance with Mass. R.A.P. 10(a). The parties thereafter shall prepare and file briefs and appendices in accordance with the rules of appellate procedure. Proceedings in the Superior Court shall be stayed pending resolution of the appeal." (Green, J.) *Notice/Attest/Muse, J./Image.