Court Case Record Robert Doe vs. Superintendent of Schools of Weston 2010-J-0469

Robert Doe vs. Superintendent of Schools of Weston Court Case Record

Court Case Number: 2010-J-0469

Case Number2010-J-0469
Case TitleRobert Doe vs. Superintendent of Schools of Weston
Case TypeCivil
StateMassachusetts, MA
CourtMiddlesex Superior Court
Court Address
Field Date10/12/2010
Close Date01/05/2011


Richard J. Hayes, EsquireRobert DoePlaintiff/Respondent
Deborah I. Ecker, EsquireSuperintendent o WestonDefendant/Petitioner
Entry Date Paper Entry Text
10/12/2010 #1 PETITION purs to GLc 231, s. 118 w/attach, filed by Superintendent of Schools of Weston.
10/13/2010 #2 RE#1: Appellate proceedings are stayed to 11/12/10 and a status report shall be filed on or before that date regarding the motion for reconsideration. Notice/attest/Curran, J.
11/10/2010 #3 Status report, filed by Superintendent of Schools of Weston.
11/10/2010 #4 RE#2: Appellate proceedings stayed to 12/10/10. Status report due 12/10/10. *Notice.
11/12/2010 #5 Status report filed by Robert Doe.
11/16/2010 #6 RE#3: Appellate proceedings stayed to 12/17/10. Status report due 12/17/10. *Notice.
12/13/2010 #7 Status report filed by Superintendent of Schools of Weston.
12/17/2010 ORDER: Upon consideration of the cumulative appellate papers and of all status reports filed to date in the Appeals Court by the parties, the court now takes the following action. 1. It lifts the present stay of appellate proceedings as of the close of December 17, 2010. 2. It directs the Clerk of the Middlesex Superior Court to expedite assembly of the record necessary for presentation of the appeal of the defendant Superintendent of Schools of Weston from the preliminary injunctive order entered on September 14, 2010, to a full panel of the Appeals Court pursuant to G. L. c. 231, § 118, paragraph 2. Upon the assembly of the record, and notice thereof to the parties, the appellant shall enter the appeal in accordance with Mass. R. App. P. 10(a), by submitting the requisite entry fee. 3. (a) This court stays the trial court proceedings during the pendency of the interlocutory appeal, pursuant to G. L. c. 231, § 118, second paragraph. (b) Specifically as to the provisions of the preliminary injunctive order of September 14, 2010, the court (i) stays the expungement proposed by paragraph 7; and (ii) the joint stipulation of dismissal proposed by the penultimate paragraph. The remaining terms of the preliminary injunctive order may remain in force as the status quo until determination of the appeal or until further notice. 4. The court at this time declines to act upon the request of the Superintendent in her status report dated December 10, 2010, to rule upon her petition submitted pursuant to G. L. c. 231, § 118, first paragraph, for reason that the appeal to a full panel under the second paragraph appears capable of providing equivalent resolution of this dispute before the start of the academic year of 2011-2012 (Sikora, J.). Notice/attest/Curran, J.
12/24/2010 Motion to reconsideration of Appeals Court order for review of preliminary injunctive relief, filed by Robert Doe.
01/05/2011 FURTHER ORDER - "The plaintiff Robert Doe has submitted a motion for reconsideration and a supporting memorandum in response to this court's order dated December 17, 2010. I am treating the motion as an effective opposition to the original petition in this court by the Superintendent of Schools of Weston for interlocutory relief pursuant to G.L. c. 231, § 118, first and second paragraphs. . . . I DENY any change to the order of December 17....". By the Court, (Sikora, J.) *Notice/Attest/Curran, J./Image