ALBERT AUBURN vs. RICHARD TARVEZIAN 2013-P-0352 Court Case Public Record
Counsel Name Type
Albert Auburn, Esquire Thomas J. Kelley, Jr., Esquire
Alan D. Rose, Sr., Esquire Nicholas J. Rosenberg, Esquire Leigh Campbell, Esquire
DOCKET ENTRIES Entry Date Paper Entry Text 02/27/2013 #1 Original exhibits 1-70 came in with assembly. 02/27/2013 #2 Entered. 02/27/2013 #3 Notice of entry sent. 03/05/2013 #4 MOTION to extend brief & appendix due date, filed by Albert Auburn. 03/05/2013 #5 RE#2: Denied without prejudice to renewal accompanied by the filing of the required Docketing Statement, due on or before 03/15/2013. *Notice. 03/07/2013 #6 Docketing Statement received from Albert Auburn.^ 03/08/2013 #7 MOTION to extend brief & appendix due date, filed by Albert Auburn. 03/11/2013 #8 RE#4: Extension to 06/27/2013 granted for filing of brief of Albert Auburn, Plaintiff/Appellant. Notice to counsel. 05/17/2013 #9 SERVICE of brief & appendix (1 vol) for Plaintiff/Appellant Albert Auburn. 05/30/2013 #10 MOTION to strike appellant's appendix and for leave to conduct appeal on the original record pursuant to M.R.A.P. Rule 18(f), filed by Richard Tarvezian. 05/31/2013 #11 RE#6: Appellee is granted leave to file a supplemental appendix at the time appellee's brief is filed with the omitted trial court materials. *Notice. 06/03/2013 #12 OPPOSITION to paper #6, filed by Albert Auburn. 06/04/2013 #13 RE#7: No action necessary. See action on Paper #6. Further, the appellant misinterprets the lower court's duty to transmit the record on appeal. Rule 9(a) states that the original record of the trial court "shall be . . . retained by the clerk [of the trial court] until the final disposition of the appeal, except as the record or any part of it is ordered to be transmitted by the appellate court or a single justice." Mass.R.A.P. 9(a) (emphasis added). See also Mass.R.A.P. 18(f) (proceeding on the original record instead of filing an appendix can be only by order of appellate court or single justice). *Notice. 06/07/2013 #14 MOTION to extend brief due date of Richard Tarvezian. 06/10/2013 #15 RE#8: Extension to 07/19/2013 granted for filing of brief of Richard Tarvezian, Defendant/Appellee. Notice to counsel. 07/19/2013 #16 SERVICE of brief & supplemental appendix (1 vol) for Defendant/Appellee Richard Tarvezian. 07/22/2013 #17 Motion to revise appellee brief, filed by Richard Tarvezian. 07/23/2013 #18 Notice of change of address of Alan D. Rose, Sr., Esquire, & Leigh Campbell, Esquire. 07/23/2013 #19 RE#10: Allowed. The defendant's counsel may correct the briefs filed in the clerk's office by coming to the clerk's office and manually correcting the same. *Notice. 08/30/2013 #20 Motion to grant Albert Auburn thirty minutes to argue his appeal, filed by Albert Auburn. 09/03/2013 #21 RE#12: Referred to the panel designated to decide the appeal. *Notice.^ 09/04/2013 #22 OPPOSITION to paper #12, filed by Richard Tarvezian.