1. Plaintiff files to change Judgment.
2. Cambridge still working on appeal package.
3. Analysis.
Bob Reports.
1. Plaintiff files to change Judgment.
The plaintiff filed the following on June 26:
1 Plaintiff Monteiro's Motion To Clarify, Alter And Amend The Court's
2 Judgment On Jury Verdicts Dated June 2, 2009 And Request For Hearing;
3 Defendnat's opposition to Plaintiff Monteiro's Motion To Clarify,
4 Alter And Amend The Court's Judgment On Jury Verdicts Dated June 2,
5 2009
2. Cambridge still working on appeal package.
The Court filed the following on June 24:
1 Court received Letter from Joan A. Lukey: In response to your letter
2 dated June 19, 2009 and pursuant to Mass R. App. P. 8(b)(1) and
3 9c(2), I hereby certify that: 1. All transcripts have previously been
4 ordered. 2. The following transcripts have been completed and are on
5 file with the Court: May, 5, 2008; May 6, 2008; May 9, 2008; May 12,
6 2008; May 13, 2008; May 15, 2008; May 16, 2008; May 19, 2008; May 20,
7 2008; May 21, 2008; May 22, 2008; May 23, 2008. 3. We have previously
8 requested the transcripts for May 7, 2008 and May 8, 2008. I am also
9 formally re-requesting these two transcripts by separate
10 correspondence to Court Reporters Kristin Simonini and Melissa
11 Spirito, respectively. The Transcripts for the above mentioned dated
12 comprise the entire transcript.
3. Analysis.
I do not have any of the papers. These reports are based on the on line court docket. Most such items are just the title of documents. The line numbers showing on the left margin are direct copies of the docket.
There rather clearly is something in the Court’s judgment which the Plaintiff is unhappy with. Cambridge would have been aware of this motion before Cambridge filed notice of appeal since the motion is served on the other party and the responding party has an opportunity to serve a response.
As far as the appeal letter goes, Cambridge filed notice of appeal. Then Cambridge has a duty to ensure the court’s records are adequate for review by the appellate court before the records are forwarded to the appellate court. Cambridge is saying by this letter that it still needs at least to add two days of trial transcripts before the file is ready for appeal.
