Court Case Record SEAGATE, INC. vs. PAULINE GREGORY & another 2011-P-1528

SEAGATE, INC. vs. PAULINE GREGORY & another Court Case Record

Court Case Number: 2011-P-1528

Case Number2011-P-1528
Case TitleSEAGATE, INC. vs. PAULINE GREGORY & another
Case TypeCivil
StateMassachusetts, MA
CourtDukes Superior Court
Court Address
Field Date05/14/2002
Close Date11/01/2011


Benjamin L. Hall, Jr., EsquireSeagate, Inc.Plaintiff/Appellant
Ellen B. Kaplan, EsquirePauline GregoryDefendant/Appellee
Daniel J. Larkosh, EsquireMartha's Vineyard Camp Meeting ADefendant/Appellee
Entry Date Paper Entry Text
09/02/2011 #1 Entered.
09/02/2011 #2 Notice of entry sent.
09/12/2011 #3 Corporate disclosure statement filed for Seagate, Inc. by Benjamin L. Hall, Jr..
09/12/2011 #4 Motion (1) for leave to allow the lower court to amend or vacate the summary judgment on which this appeal pends, and (2) to stay the matter in this court until the lower court so decides, filed by Seagate, Inc..
09/12/2011 #5 MOTION to extend brief & appendix due date to December 1, 2011, filed by Seagate, Inc..
09/15/2011 #6 RE#3: Denied without prejudice to refiling after the appellant has filed the docketing statement required by the Appeals Court's Pilot Program Requiring Appellants to File Docketing Statements in Civil Cases. *Notice.
09/15/2011 #7 RE#4: See action of this date on P#3. *Notice.
09/19/2011 #8 Docketing Statement received from Seagate, Inc.
09/19/2011 #9 Motion to renew two motions denied without prejudice on September 15, 2011 as the docketing statement is filed, filed by Seagate, Inc.
09/21/2011 RE#6: As the docketing statement has been received by the Appeals Court, the motion is allowed. The appellant is given leave to file, and the trial court to consider, the motion to amend or vacate the judgment. Appellate proceedings STAYED to 12/30/2011. Status report due 12/30/2011 concerning the motion. No action is necessary on the appellant's request for an extension of the briefing period, as the stay of appellate proceedings tolls the time for the filing of the briefs until such time when the stay is vacated and a new briefing schedule is established.
10/27/2011 Motion to vacate the notice of appeal filed October 13, 2010, as moot & to dismiss the appeal without prejudice & without costs, filed by Seagate, Inc.
10/27/2011 Corporate disclosure statement filed for Seagate, Inc. by Benjamin L. Hall, Jr.
11/01/2011 ORDER: A notice of appeal is premature until and unless separate and final judgment enters pursuant to Mass.R.Civ.P. 54(b), or final judgment enters per Mass.R.Civ.P. 58(a). See Mass.R.App.P. 4(a). As it has been made to appear that the notice of appeal filed by the appellant was filed out of an abundance of caution following the entry of summary judgment in favor of The Martha's Vineyard Camp Meeting Association, and where no separate and final judgment entered pursuant to Mass.R.Civ.P. 54(b), as clarified by the court's order, dated September 29, 2011, the entry of the appeal must be, and hereby is, vacated as having entered prematurely. The appeal may be reentered in this Court following the entry of a final judgment pursuant to Mass.R.Civ.P. 54(b) or 58(a), and the issuance of a new notice of the assembly of the record. The appellant may file a motion to waive the entry fee at such time when the matter is ripe for entry in the Appeals Court, pursuant to Mass.R.App.P. 10(a). Notice/attest/Moriarty, J.