seal

Court Case Record SEAN MCCURLEY vs. AIM MUTUAL INS CO 2011-P-1487 UID(a342)


SEAN MCCURLEY vs. AIM MUTUAL INS CO Court Case Record

Court Case Number: 2011-P-1487


 
Case Number2011-P-1487
Case TitleSEAN MCCURLEY vs. AIM MUTUAL INS CO
Case TypeCivil
StateMassachusetts, MA
CountyInd Accident Rev Bd
CourtInd Accident Rev Bd
Court Address
Phone
Field Date02/29/2008
Close Date10/03/2012

Parties

CounselNameType
James N. Ellis, Esquire Charles E. Berg, EsquireSean McCurleyPlaintiff/Appellant
George Kelly, Esquire Withdrawn Paul M. Moretti, EsquireAIM Mutual Ins CoDefendant/Appellee
Ponte Group Health & SeniorOther interested party
DOCKET ENTRIES
Entry Date Paper Entry Text
08/25/2011 #1 Entered.
08/25/2011 #2 Notice of entry sent.
09/06/2011 #3 Notice of appearance of Paul M. Moretti for AIM Mutual Ins Co.
09/06/2011 #4 Notice of withdrawal as counsel for AIM Mutual Ins Co, filed by George Kelly, Esquire.
10/05/2011 #5 Notice of appearance of Charles E. Berg for Mary Jane Doonan.
10/05/2011 #6 Motion for oral argument and for allowance of costs and attorney's fees, filed by Mary Jane Doonan.
10/05/2011 #7 SERVICE of brief & appendix for Plaintiff/Appellant Mary Jane Doonan.
10/07/2011 #8 RE#5: The request for oral argument is referred to the panel designated to decide this appeal, as is the request for attorney's fees and costs, properly set out in the appellant's brief in accordance with the procedures set forth in Fabre v. Walton, 441 Mass. 9, 10-11 (2004). *Notice *L
11/03/2011 #9 MOTION to file supplemental appendix, filed by AIM Mutual Ins Co.
11/03/2011 #10 RE#7: Allowed. Appellee's brief and supplemental appendix are accepted for filing this date. *Notice.
11/03/2011 #11 SERVICE of brief & supplemental appendix for Defendant/Appellee AIM Mutual Ins Co.
03/19/2012 #12 Letter pursuant to MRAP 16(l) filed by Mary Jane Doonan. ^
05/29/2012 #13 Under consideration by Panel. (Green, J., Grainger, J., Rubin, J.).
08/29/2012 #14 ORDER: The employee-appellant has filed a motion seeking reasonable attorney's fees and costs under G. L. c. 152, ยง12A, to which she, as the prevailing party, is entitled. A litigant's request for appellate attorney's fees must be set out in her appellate brief. See Fabre v. Walton, 441 Mass. 9, 10 (2004). Although the employee's motion asserts that such a fee request was made, no such language appears in her brief before this Court. However, we do retain discretion to award fees where they are not requested in the brief, see, e.g., Rubenstein v. Royal Ins. Co. of America, 429 Mass. 355, 361 (1999); Haser v. Wright, 65 Mass. App. Ct. 903, 904 n. 3 (2005), and, in light of the fact the motion was filed at the same time as the brief, we exercise our discretion to do so here. In accordance with the procedure described in Fabre, 441 Mass. at 10-11, the employee shall, within fourteen days, file with this court and serve on AIM a motion for determination of her appellate attorney's fees and costs, supported by an affidavit detailing such fees and costs. AIM may, within fourteen days thereafter, file with this court and serve on the employee any opposition. (Green, Grainger & Rubin, JJ.). *Notice/Attest.
09/05/2012 #15 Decision: Rule 1:28 (Green, Grainger, Rubin, JJ.). The amount of the partial disability award is vacated, and the matter is remanded to the reviewing board for further proceedings consistent with the memorandum and order of the Appeals Court. In all other respects, the decision of the reviewing board is affirmed. *Notice.
09/10/2012 #16 Motion for costs and attorney's fees, filed by Mary Jane Doonan.@
09/17/2012 #17 OPPOSITION to paper #12, filed by AIM Mutual Ins Co.@
09/21/2012 #18 Motion to substitute real party in interest; notice of appearance of Charles E. Berg for Sean McCurley, filed by Mary Jane Doonan.@
09/26/2012 #19 Request for hearing on fee petition, filed by Mary Jane Doonan.@
10/03/2012 #20 RESCRIPT to Trial Court.
01/23/2013 #21 ORDER: The Appellant's application for costs and attorney's fees does not distinguish between costs and fees incurred as part of her appeals to this Court and those incurred in connection with proceedings before the Department of Industrial Accidents which we lack jurisdiction to award. Accordingly, the application for fees and costs is denied without prejudice. The Appellant may, within fourteen days, file with this Court and serve on A.I.M. another motion for determination of her appellate attorney's fees and costs, supported by an affidavit detailing such fees and costs. A.I.M. may, within fourteen days thereafter, file with this court and serve on the Appellant any opposition. So ordered. (Green, Grainger & Rubin, JJ.) *Notice/Attest.
02/07/2013 #22 Motion for extension to file appellant's motion for determination of appellate attorney's fees and costs, filed by Mary Jane Doonan.^