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Case Information
Filed
2022-10-25
Status
Open
Type
Worker's Compensation
Docket
49 entries
Parties
Plaintiff
Oscar, Jordan
Defendant
Stone And Skillet|Chaibeyer, Esq., Ryan
Lawyers
Docket Entries
- escript received from Supreme Judicial Court; judgment AFFIRMED Judgment Affirmed.
- ase assigned to: DCM Track X - Accelerated was added on 10/25/2022
- omplaint filed for Judicial Review pursuant to G.L. c.30A, 14
- ivil action cover sheet filed.
- ffidavit of Indigency and request for waiver substitution of state payment of fees and costs filed with Supplemental affidavit Dated 10/25/22. The Application is ALLOWED as to the normal fees and costs indicated in the Application Filing Fee waived and summons to be provided to the Plaintiff. (Barry-Smith,J.) Copy mailed.
- ervice Returned for Defendant Stone and Skillet: Service through person in charge / agent; Manny Vega, Manager, on, 10/31/2022 at 196 Quincy Street Boston, MA 02121
- mended: amended complaint filed by Jordan Oscar to add defendant
- ordan Oscar's request for Default 55(a) Applies To: Stone and Skillet (Defendant)
- ntered as to: Defendant Stone and Skillet: Defaulted by 55(a) request;
- ocument: A Default order Mass. R. Civ. P. 55(a) was generated and sent to: Defendant: Stone and Skillet 196 Quincy Street, Boston, MA 02121
- ttorney appearance On this date Matthew A Slater, Esq. added as Private Counsel for Defendant Stone and Skillet
- ttorney appearance electronically filed.
- ttorney appearance On this date William P McGovern, Jr., Esq. added as Private Counsel for Defendant Stone and Skillet
- ttorney appearance electronically filed.
- efendant Stone and Skillet's Notice of Motion to set aside entry of Default
- ervice Returned for Defendant Chaibeyer, Esq., Ryan: Service made at last and usual; On, 12/3/2022 at 75 Hood Park Drive Boston, MA 02129 and by mailing 1st Class to the above address
- pposition to to Motion to set aside entry of Default filed by Jordan Oscar
- ttorney appearance On this date Matthew A Slater, Esq. added as Private Counsel for Defendant Ryan Chaibeyer, Esq.
- ttorney appearance On this date William P McGovern, Jr., Esq. added as Private Counsel for Defendant Ryan Chaibeyer, Esq.
- ttorney appearance electronically filed.
- ttorney appearance electronically filed.
- efendant Ryan Chaibeyer, Esq.'s Notice of Motion to Dismiss
- efendant Stone and Skillet's Motion to SET ASIDE ENTRY OF DEFAULT PURSUANT TO MASS. R. CIV. P. 55(c)
- ffidavit of compliance with Superior Court Rule 9A Applies To: McGovern, Jr., Esq., William P (Attorney) on behalf of Stone and Skillet (Defendant)
- pposition to To set Aside Entry of Default filed by Applies To: Oscar, Jordan (Plaintiff)
- efendant Ryan Chaibeyer, Esq.'s Motion to dismiss all counts Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted
- yan Chaibeyer, Esq.'s Memorandum in support of of Defendant's Motion to Dismiss for Failure to State A Claim Upon Which relief Can Be Granted
- xhibits/Appendix Exhibit 1
- efendant Ryan Chaibeyer, Esq.'s Notice of Filing
- ffidavit of Compliance with Superior Court Rule 9A
- ndorsement on Motion to Set Aside Entry of Default Pursuant to Mass. R. Civ. P. 55(c) (#12.0): ALLOWED After review of the Pleadings, ALLOWED. Defendant shall file responsive pleading by or before January 24, 2023. Dated: January 4, 2023 Judge: Pappas, Hon. John P
- ndorsement on Motion to dismiss (#13.0): ALLOWED After review No opposition. Having been filed. The motion is ALLOWED for reasons stated in defendant's memorandum. Dated: January 4, 2023 Judge: Pappas, Hon. John P
- efendant Stone and Skillet's Notice of motion to dismiss.
- laintiff Jordan Oscar's Motion for Recusal
- ndorsement on Motion for Recusel (#14.0): DENIED After review - DENIED without prejudice for failure to state an adequate factual or legal basis in support of the motion. Dated: January 30, 2023 Judge: Pappas, Hon. John P
- efendant Stone and Skillet's Motion to dismiss
- tone and Skillet's Memorandum in support of #15 motion.
- ffidavit of compliance with superior court rule 9A.
- laintiff Jordan Oscar's Motion of Reconsideration
- ndorsement on Motion to Dismiss (#15.0): ALLOWED Upon consideration of the pleadings filed, and without opposition, the Defendant Stone and Skillet LLC's Motion to Dismiss is hereby ALLOWED. Dated: March 3, 2023 Judge: Ellis, Hon. Sarah Weyland
- UDGMENT on Defendants, Stone and Skillet, Ryan Chaibeyer, Esq. 12(b) motion to dismiss against Plaintiff(s) Jordan Oscar. It is ORDERED and ADJUDGED: That the plaintiff Jordan Oscar's complaint be and hereby is dismissed. Judge: Barry-Smith, Hon. Christopher K Applies To: Stone and Skillet (Defendant); Chaibeyer, Esq., Ryan (Defendant)
- Plaintiff Jordan Oscar's Motion for reconsideration of motion to dismiss.
- Endorsement on Motion for reconsideration of motion to dismiss. Upon reconsideration of the pleadings filed in 2281cv3696, to which William McGovern is not a party, and the appropriate legal standards, the plaintiff's motion to reconsider Dismissal is hereby (#18.0): DENIED So ordered this 13th day of September 2023. Judge: Ellis, Hon. Sarah Weyland
- Notice of docket entry received from Appeals Court NOTICE OF DOCKET ENTRY: Please take note that on June 11, 2024, the following entry was made on the docket of the above-referenced case: ORDER (Re##1, 6 & 7): Before me is a motion of the plaintiff for leave to file a late notice of appeal with attachments. To the extent that the plaintiff seeks leave to appeal the final judgment that entered in this case, I am without the authority to grant the relief requested as the applicable rules of procedure prohibit the court from enlarging the time for filing a notice of appeal beyond 1 year from the date of entry of the judgment and the judgment in this case entered more than one year ago on 03/16/2023. See Mass. R. A. P. 14(b) ("neither the appellate court nor a single justice may enlarge the time for filing a notice of appeal beyond 1 year from the date of entry of the judgment or order sought to be reviewed"). See also Giacobbe v. First Coolidge Corp., 367 Mass. 309, 317 (1975) (one year deadline is an absolute limitation). Although I have jurisdiction to allow a late notice of appeal from the 09/14/2023 order denying the plaintiff's motion for reconsideration, I could only grant that relief if the plaintiff could establish both excusable neglect and at least one meritorious appellate issue. See Tisei v. Building Inspector of Marlborough, 3 Mass. App. Ct. 377, 378-79 (1975). Although I accept the plaintiff's situation as establishing excusable neglect, the plaintiff's submission fails to establish a meritorious appellate issue. As to the motion for reconsideration, the plaintiff needed to show "(1) 'changed circumstances' such as (a) newly discovered evidence or information, or (b) a development of relevant law; or (2) a particular and demonstrable error in the original ruling or decision." See Audubon Hill S. Condo. Ass'n v. Cmty. Ass'n Underwriters of Am., Inc., 82 Mass. App. Ct. 461, 470 (2012). The judge's ruling would be reviewed by an appellate court only for an abuse of discretion. See Blake v. Hometown Am. Communities, Inc., 486 Mass. 268, 278 (2020). I have reviewed the motion for reconsideration and the endorsement denying the motion and am satisfied that no meritorious appellate issue exists. Accordingly, the motion for leave to file a late notice of appeal is denied. (Hand, J.)
- Notice of docket entry received from Appeals Court The parties are hereby notified that the RECORD IS FULLY ASSEMBLEDin the subject case in accordance with the Massachusetts Rules of Appellate Procedure (Mass.R.A.P Rule 9). Your attention is directed to the requirements of Mass.R.A.P. 10.
- eneral correspondence regarding Plaintiff's filing of proposed Notice of Appeal. Appeals Court will decide whether Notice of Appeal can be accepted.
- otice of docket entry received from Appeals Court You are hereby notified that on December 27, 2024, the following was entered on the docket of the above-referenced case: JUDGMENT: denying relief under c. 211, s.3 without a hearing. (Wolohojian, J.) This matter came before the Court, Wolohojian, J., on papers filed pro se by the petitioner Jordan Oscar. The Court treats the papers as a petition pursuant to G. L. c. 211, 3. Upon consideration thereof, it is ORDERED that the petition be, and the same hereby is, DENIED. By the Court, (Wolohojian,
- ourt received NOTICE OF RECORD ASSEMBLYTO PARTIES/COUNSEL related to appeal You are hereby notified that the record in the above-entitled case has been assembled in the office of the Clerk of the Supreme Judicial Court for the County of Suffolk in accordance with the Rules of Appellate Procedure, Rule 9 (a). You are hereby further notified that the following documents were transmitted to the office of the Clerk of the Supreme Judicial Court for the Commonwealth as required by the Rules of Appellate Procedure, Rule 9 (e) (2): - Completed Appellate Court Entry Statement - Copy of this Notice of Assembly to Parties/Counsel - Copy of the Notice(s) of Appeal OR Reservation and Report - One (1) copy of the Docket Entries which specifically notate any impounded documents that are included in the record In accordance with the Rules of Appellate Procedure, Rule 10 (a) (1), the appellant must enter the case in the Supreme Judicial Court for the Commonwealth within fourteen (14) days of receipt of this notice. If on appeal from a final order or judgment of the single justice denying relief from an interlocutory ruling in the trial court , the appeal will be governed by S.J.C. Rule 2:21. THIS NOTICE DOES NOT CONSTITUTE ENTRY IN THE SUPREME JUDICIAL COURT FOR THE COMMONWEALTH.
- otice of docket entry received from Appeals Court NOTICE OF RESCRIPT In accordance with Massachusetts Rule of Appellate Procedure 23, please note that the rescript in the above-referenced case has been entered on the Appeals Court docket and is enclosed. (see scanned image)
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Full Analytics Report
- Complete case narrative
- Judge details and rulings
- Case disposition and outcome
- All docket entries
- Related cases and filings
$20
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