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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-05-05
Status Closed
Type Administrative Civil Actions|Civil Rights Act, G.l. C. 12 § 11 H
Docket 31 entries

Parties

Plaintiff Murphy, Sean|Fincher, Gary L
Defendant Stop & Shop|De Luca, Steve

Lawyers

Docket Entries

  1. Attorney appearance On this date Pro Se added for Plaintiff Sean Murphy
  2. Attorney appearance On this date Pro Se added for Plaintiff Gary L Fincher
  3. Case assigned to: DCM Track A - Average was added on 05/05/2022
  4. Original civil complaint filed.
  5. Civil action cover sheet filed.
  6. Demand for jury trial entered.
  7. Claim filed under 93A
  8. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit Applies To: Fincher, Gary L (Plaintiff)
  9. Claim filed under 93A
  10. ORDER: Endorsement on Affidavit of Indigency: ALLOWED - Normal fees and costs waived and costs to serve summons.
  11. Notice of 93A complaint sent to Attorney General
  12. Service Returned for Defendant Stop & Shop: Service through person in charge / agent;
  13. Defendants Stop & Shop, Steve DeLuca's Notice to court of filing motion to dismiss
  14. Plaintiff Sean Murphy Doing Business as Political Petitioning of MA, Gary L Fincher's Motion for extension of time
  15. Endorsement on Motion for Extension of Time (#8.0): Other action taken As the Plaintiff has not complied with Superior Court Rule 9A. The defendant shall file any opposition to this motion within 10 days
  16. Defendants Stop & Shop, Steve DeLuca's Motion to dismiss memorandum of law in support; Plaintiff's opposition; Defendant's reply and request for hearing
  17. The following form was generated: Notice to Appear for Rule 12 Hearing on 10/5/22 at 2:00p.m. Sent On: 07/26/2022 09:33:38
  18. Plaintiff Sean Murphy Doing Business as Political Petitioning of MA's Motion for leave to file sur-reply to defendant's motion to dismiss
  19. Endorsement on Motion for leave to file sur-reply to defendant's motion to dismiss (#11.0): ALLOWED
  20. Plaintiff Sean Murphy Doing Business as Political Petitioning of MA, Gary L Fincher's Reply to Defendants' motion to dismiss. (sur-reply)
  21. Endorsement on Motion to dismiss pursuant to Mass R Civ Pro 12(B)(6) (#9.0): ALLOWED without prejudice as it appears that the plaintiff is actually Paliticol Petitioning of Ma and LLC and needs to be represented by an attorney. Plaintiff Gary Fincher was not present at the hearing and the complaint is therefore dismissed without prejudice copies sent Oct 6,2022
  22. JUDGMENT on Defendants, Stop & Shop, Steve DeLuca 12(b) motion to dismiss against Plaintiff(s) Sean Murphy Doing Business as Political Petitioning of MA, Gary L Fincher. It is ORDERED and ADJUDGED: Case is DISMISSED without prejudice. Judge: O'Shea, Hon. Daniel J.
  23. Event Result:: Rule 12 Hearing scheduled on: 10/05/2022 02:00 PM Has been: Not Held For the following reason: Case Disposed Comments: Case Dismissed without Prejudice (LLC needs to be represented by an attorney). Hon. Daniel J. O'Shea, Presiding
  24. Plaintiff Sean Murphy Doing Business as Political Petitioning of MA's Motion for reconsideration of dismissal of complaint without prejudice
  25. Opposition to Plaintiff's Motion for Reconsideration filed by Stop & Shop, Steve DeLuca
  26. Endorsement on Motion for Reconsideration Of Dismissal Of Complaint Without Prejudice (#14.0): DENIED for the reasons as set forth in defendants opposition filed on November 7, 2022
  27. Notice of appeal filed by Plaintiff Applies To: Sean Murphy Doing Business as Political Petitioning of MA (Plaintiff); Fincher, Gary L (Plaintiff)
  28. Notice sent to parties regarding appeal filed by plaintiffs
  29. Case sent to Plymouth Superior - PLYMOUTH Location. Appeal filed
  30. ORDER sent for Status Review of Appeal, if notice is not received by 08/28/2023 the Appeal will be dismissed.
  31. JUDGMENT of dismissal, Sean Murphy Doing Business as Political Petitioning of MA, Gary L Fincher failed to comply with an ORDER after review of the Docket dated 07/26/2023. It is ORDERED and ADJUDGED: the appeal of the plaintiffs is hereby DISMISSED.

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