Thursday, December 02, 2010

Malvina Monteiro v. City of Cambridge Ready to Go Forward in Appeals Court

The Monteiro brief was filed and accepted on November 24, at the same time, apparently, as the filing of the motion to allow it late, a common way to do a late filing.

When the filing of the brief was posted on the docket, I cannot tell. It was certainly after the filing of the motion because when I saw the motion and reported it here, the motion was the most recent posting.

Note that the dispositive action came on November 29. The papers could very likely have been on the judge’s desk until then and were not posted until after the judge responded. The November 26 action is in the middle of the November 24's on the docket indicating this group of documents was in a pile and posted when the clerk came to them in the pile.

If anybody is aware of the posting of the briefs on line, I would certainly appreciate being informed of their location. Thanks.

The docket entries are:

11/23/2010 #14 Objection to any attempted late or subsequent filing of appellee's brief, filed by City of Cambridge.

11/24/2010 #15 MOTION to extend brief due date of Malvina Monteiro.

11/26/2010 RE#14 Noted. See action on paper #15. *Notice.

11/24/2010 RE#15: Allowed. The brief is accepted this date. *Notice.

11/24/2010 #16 SERVICE of brief for Plaintiff/Appellee Malvina Monteiro.

11/24/2010 #17 OPPOSITION to #15 filed by City of Cambridge.

11/29/2010 RE#17 The appellee's brief was accepted for filing on 11/24/10. The action allowing the filing of the brief is to stand. The appellant's objection to the accrual of postjudgment interest after 10/12/10, the date the appellee's brief was originally due, is referred to the panel designated to decide the appeal. *Notice.