Court Case Record Regan McCarthy vs. Slade Associates, Inc. & others 2010-J-0438

Regan McCarthy vs. Slade Associates, Inc. & others Court Case Record

Court Case Number: 2010-J-0438

Case Number2010-J-0438
Case TitleRegan McCarthy vs. Slade Associates, Inc. & others
Case TypeCivil
StateMassachusetts, MA
CourtBarnstable Superior Court
Court Address
Field Date09/23/2010
Close Date10/06/2010


Thomas M. Elcock, EsquireRegan McCarthyPlaintiff/Petitioner
Benjamin E. Zehnder, EsquireSlade Associates, Inc.Defendant/Respondent
Benjamin E. Zehnder, EsquireChester N. LayDefendant/Respondent
David Grossbaum, EsquireChristopher SnowDefendant/Respondent
Richard Oetheimer, EsquireSeamen's Savings BankDefendant/Respondent
Michael P. Roche, EsquireLester J. MurphyDefendant/Respondent
Matthew C. Moschella, EsquireAlan E. Lipkind, EsquireOther/respondent
Entry Date Paper Entry Text
09/23/2010 #1 Memo: BACV2006-672: Regan McCarthy v. Slade Associates, Inc. & Chester N. Lay; 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 Regan McCarthy.
09/28/2010 #3 Motion to sever review of 2006-00672 from 2008-00027 and 2008-00573 filed by Slade Associates, Inc., Chester N. Lay, Christopher Snow, Seamen's Savings Bank, Lester J. Murphy.
09/29/2010 #4 RE#1: Action on the within is stayed pending trial court action on the motion for clarification or reconsideration filed in related matter (BACV2008-0027). Status report to be filed on or before 10/29/10. *Notice/attest.
09/30/2010 #5 RE#2: No action is taken pending trial court's action on the parties' emergency motion for clarification and reconsideration. *Notice.
09/30/2010 #6 OPPOSITION to Petition w/attach, filed by Christopher Snow, Seamen's Savings Bank and Lester J. Murphy.
10/01/2010 OPPOSITION to Petition w/attach, filed by Slade Associates, Inc. and Chester N. Lay.
10/01/2010 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-439 vacated. *Notice/attest.
10/06/2010 AMENDED ACTION RE#2: Denied. (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./for Image-see 10-J-436 paper #8.