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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-01-31
Status Open
Type Employment Agreements
Docket 34 entries

Parties

Plaintiff Adrienne E. Cohen, As Personal Representative Of The Estate Of Bret A. Cohen
Defendant Nelson Mullins Riley & Scarborough Llp

Lawyers

Docket Entries

  1. omplaint electronically filed.
  2. ivil action cover sheet filed.
  3. laintiff Adrienne E. Cohen, As Personal Representative Of The Estate Of Bret A. Cohen's Motion for Appointment of Special Process Server
  4. eneral correspondence regarding Notice of Acceptance into Business Litigation Session. Accepted into BLS2 (Dated 2/1/2024)
  5. ndorsement on Motion for Appointment of Special Process Server (#3.0): ALLOWED (Dated 2/1/2024) Notice Sent 2/2/24
  6. laintiff Adrienne E. Cohen, As Personal Representative Of The Estate Of Bret A. Cohen's EMERGENCY Motion to Stay Arbitration
  7. efendant Nelson Mullins Riley & Scarborough Llp's Motion to dismiss and Compel Arbitration
  8. laintiff, Defendant Adrienne E. Cohen, As Personal Representative Of The Estate Of Bret A. Cohen, Nelson Mullins Riley & Scarborough Llp's Joint Motion to Impound
  9. ttorney appearance On this date William M Taylor, Esq. added for Defendant Nelson Mullins Riley & Scarborough Llp
  10. ttorney appearance On this date April M Garbuz, Esq. added for Defendant Nelson Mullins Riley & Scarborough Llp
  11. laintiff, Defendant Adrienne E. Cohen, As Personal Representative Of The Estate Of Bret A. Cohen, Nelson Mullins Riley & Scarborough Llp's Joint Motion to Withdraw Emergency Motion to Stay Arbitration
  12. RDER: Findings and Order See p#9 for full Finding and Order. (dated 2/28/2024)
  13. ndorsement on Motion to Impound (#7.0): ALLOWED Allowed. See Findings and Order. (dated 2/28/2024) Notice sent 2/28/24
  14. ndorsement on Motion to Withdraw Emergency Motion to Stay Arbitration (#8.0): ALLOWED (dated 2/28/24) Notice sent 3/5/24
  15. vent Result:: Motion Hearing scheduled on: 03/04/2024 02:00 PM Has been: Canceled For the following reason: Joint request of parties Comments: Parties Jointly moved to Withdraw Mtn to Stay Arbitration. Joint request Allowed by Jg Salinger Hon. Kenneth W Salinger, Presiding
  16. efendant Nelson Mullins Riley & Scarborough Llp's Motion to dismiss and compel arbitration
  17. elson Mullins Riley & Scarborough Llp's Memorandum in support of Defendant's motion to dismiss and compel arbitration
  18. efendant Nelson Mullins Riley & Scarborough Llp's Notice of motion to dismiss and compel arbitration
  19. pposition to Defendant's motion to dismiss and compel arbitration filed by Adrienne E. Cohen, As Personal Representative Of The Estate Of Bret A. Cohen
  20. eply/Sur-reply Reply in Support of Defendant's motion to dismiss and compel arbitration
  21. ule 9A Notice of Filing
  22. ffidavit of compliance with Superior Court Rule 9A
  23. atter taken under advisement: Rule 12 Hearing scheduled on: 05/14/2024 02:00 PM Has been: Held - Under advisement Hon. Kenneth W Salinger, Presiding
  24. ndorsement on Motion to dismiss and compel arbitration (#10.0): ALLOWED Allowed. See Decision and Order. dated 6/10/24)
  25. RDER: Decision and Order Allowing Defendant's Motion to Dismiss and Compel Arbitration See p#14 for full Decision and Order. (dated 6/10/24) Notice sent by email
  26. udgment. It is ORDERED and ADJUDGED:: Defendant's motion to dismiss and compel arbitration is ALLOWED. Final Judgment shall enter dismissing this action without prejudice .Entered on docket pursuant to Mass R Civ P 58(a) And notice sent to parties pursuant to Mass R Civ P 77(d)
  27. udgment. It is ORDERED and ADJUDGED:: For testing purposes only Judge: Salinger, Hon. Kenneth W
  28. laintiff Adrienne E. Cohen, As Personal Representative Of The Estate Of Bret A. Cohen's Notice of Appeal
  29. otice of appeal filed. (See p#17) Notice sent 6/28/24 Applies To: Adrienne E. Cohen, As Personal Representative Of The Estate Of Bret A. Cohen (Plaintiff)
  30. otice of docket entry received from Appeals Court Please take note that on July 23, 2024, the following entry was made on the docket of the above-referenced case: ORDER: Before this court is the plaintiff's petition, pursuant to G. L. c. 231, s. 118, first par., seeking single justice review of the Superior Court judge's order allowing the defendant's motion to compel arbitration as well as the defendant's response and motion for fees. The petition is dismissed without prejudice to the plaintiff's appeal from the Superior Court judgment, and the motion for fees is denied. First, contrary to the defendant's assertion, the case before this court, at this time, is not an appeal; it is a petition that is statutorily permitted to grant limited review of an interlocutory order that is not otherwise appealable. See G. L. c. 231, s. 118, first par.. As the defendant correctly notes in its opposition, an order compelling arbitration is not subject to immediate appeal while the trial court proceedings remain pending. See G. L. c. 251, s. 18(a)(1)-(6). However, the trial court proceedings are no longer pending. On June 11, 2024, the Superior Court judge entered a "Final Judgment . . . dismissing this action without prejudice." Accordingly, the interlocutory order compelling arbitration is no longer reviewable by a single justice. See Gibbs Ford, Inc. v. United Truck Leasing Corp., 399 Mass. 8, 10 (1987) ("if a final judgment has been entered . . . relief under the first paragraph of G.L. c. 231, s. 118, is not available"). Instead, the plaintiff may challenge the arbitration order in her appeal to the panel from the judgment. See G. L. c. 251, s. 18(a)(6) ("An appeal may be taken from . . . a judgment or decree entered pursuant to the provisions of this chapter. Such appeal shall be taken in the manner and to the same extent as from order of judgments in an action").[1] In addition to opposing the petition, the defendant seeks an award of "attorneys' fees and costs in accordance with Mass. R. A. P. 25, 26." The plaintiff's petition is not governed by the Massachusetts Rules of Appellate Procedure. Proceedings before the single justice of the Appeals Court are governed by the Rules of Civil Procedure. See Mass. R. Civ. P. 1 ("These rules govern the procedure before a single justice of the Supreme Judicial Court or of the Appeals Court"). The petitioning statute only permits an award of fees and costs in a petition filed with respect to a discovery order; this is not such a petition. See G. L. c. 231, s. 118, first par..The petition is dismissed without prejudice to the plaintiff's June 27, 2024 appeal to a panel. The defendant's motion for fees and costs is denied. So ordered. (Walsh, J.). *Notice/Attest/Salinger, J.
  31. laintiff Adrienne E. Cohen, As Personal Representative Of The Estate Of Bret A. Cohen's Submission of Certification of No Transcripts for Appeal
  32. otice of assembly of record sent to Counsel
  33. otice to Clerk of the Appeals Court of Assembly of Record
  34. otice of Entry of appeal received from the Appeals Court In accordance with Massachusetts Rule of Appellate Procedure 10(a)(3), please note that the above-referenced case (2024-P-1098) was entered in this Court on September 24, 2024.

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