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Court Case Record TRUSTEE OF KENNETH S CERNAK FUNDING TRUST & another vs. PLANNING BOARD OF EASTHAMPTION & others 2013-P-1528 UID(dfcc)


TRUSTEE OF KENNETH S CERNAK FUNDING TRUST & another vs. PLANNING BOARD OF EASTHAMPTION & others Court Case Record

Court Case Number: 2013-P-1528


 
Case Number2013-P-1528
Case TitleTRUSTEE OF KENNETH S CERNAK FUNDING TRUST & another vs. PLANNING BOARD OF EASTHAMPTION & others
Case TypeCivil
StateMassachusetts, MA
CountyHampshire
CourtHampshire Superior Court
Court Address
Phone
Field Date02/17/2010
Close Date12/19/2013

Parties

CounselNameType
Mark A Tanner, Esquire Kevin Vincent Maltby, EsquireTrustee of Kenneth S Cernak Funding TrustPlaintiff/Appellant
Kevin Vincent Maltby, EsquireCernak Buick IncPlaintiff
John H. Fitz-Gibbon, EsquirePlanning Board o EasthamptionDefendant/Appellee
Kevin P. O'Flaherty, EsquireTrustee of Margaret H Courtney Family TrustDefendant/Appellee
Kevin P. O'Flaherty, EsquireStop and Shop Supermarket CompanDefendant/Appellee
Courtney Easthampton LLCDefendant
DOCKET ENTRIES
Entry Date Paper Entry Text
09/26/2013 #1 Entered.
09/26/2013 #2 Notice of entry sent.
10/11/2013 #3 Docketing Statement received from Trustee of Kenneth S Cernak Funding Trust. ^
10/16/2013 #4 MOTION to Dismiss, filed by Courtney Easthampton LLC & Stop and Shop Supermarket Company LLC.
10/17/2013 #5 MOTION to stay, filed by Trustee of Kenneth S Cernak Funding Trust.
10/18/2013 #6 OPPOSITION to paper #3, filed by Trustee of Kenneth S Cernak Funding Trust & Cernak Buick Inc.
10/18/2013 #7 OPPOSITION to paper #4, filed by Courtney Easthampton LLC, Trustee of Margaret H Courtney Family Trust, & Stop and Shop Supermarket Company LLC.
10/22/2013 #8 RE#3: Denied without prejudice to renewal in the trial court. See G.L. c.231, ยง117 ("the justice or judge who makes such an interlocutory orders may enforce them by appropriate proceedings, pending the appeal."). *Notice/attest
10/22/2013 #9 RE#4: Denied without prejudice to renewal subsequent to filing a petition for interlocutory review and accompanied by a clear statement of which, if any, motions remain pending before the trial court. *Notice.
10/29/2013 #10 MOTION to extend brief & appendix due date, filed by Trustee of Kenneth S Cernak Funding Trust.
10/29/2013 #11 MOTION to stay, filed by Trustee of Kenneth S Cernak Funding Trust.
11/01/2013 #12 OPPOSITION to paper #8, filed by Courtney Easthampton LLC, Trustee of Margaret H Courtney Family Trust, Stop and Shop Supermarket Company LLC
11/05/2013 #13 RE #7, 8, 9: To the extent appellees seek dismissal of the appeal for appellant's failure to post the appeal bond timely, their request is denied without prejudice to refiling and renewal in the trial court. It is noted that appellees' 10/25/13 motion requesting this relief in the trial court was filed on the same date the appellant filed in the single justice session of this court a petition for interlocutory relief from the trial court's orders as to the bond and its striking of appellant's notice of appeal (13-J-470). On 11/4/13, the single justice entered an order denying appellant's requested relief. Appellate proceedings stayed to 12/4/13 pending a decision on appellees' renewed motion to dismiss the appeal, should a renewed motion be filed. Status report due on or before that date as to whether a renewed motion has been filed and any action by the trial court on that motion (Hanlon, J.). Notice
11/06/2013 #14 MOTION to Dismiss, filed by Stop and Shop Supermarket Company LLC & Courtney Easthampton LLC.
11/06/2013 RE#10: See court's 11/5/13 action on papers #7, 8 & 9 in which the court denies the request made therein, and renewed in paper #10, without prejudice to refiling and renewal in the trial court. *Notice.
12/03/2013 Status Report, filed by Courtney Easthampton LLC, Trustee of Margaret H Courtney Family Trust, Stop and Shop Supermarket Company LLC.
12/04/2013 RE#11: Appellate proceedings STAYED to 12/20/2013. Status report due then regarding proceedings in trial court related to the appeal bond. *Notice.
12/04/2013 Motion to accept late filing, filed by Trustee of Kenneth S Cernak Funding Trust, Cernak Buick Inc.
12/04/2013 Status Report and Motion to stay appeal, filed by Trustee of Kenneth S Cernak Funding Trust, Cernak Buick Inc.
12/06/2013 RE#12: Allowed. *Notice.
12/06/2013 RE#13: Appellate proceedings STAYED to 01/06/2014. Status report due 01/06/2014 as to whether the appellant posted the appeals bond. *Notice.
12/18/2013 Stipulation of dismissal pursuant to MRAP 29(b), filed by Trustee of Kenneth S Cernak Funding Trust, Stop and Shop Supermarket Company LLC, Trustee of Margaret H Courtney Family Trust, Courtney Easthampton LLC, & Planning Board of Easthamption.