Cracchiolo v. Eastern Fisheries, Inc., et al
| O'HARA CORPORATION |
| CARLA CRACCHIOLO, individually and as Administratrix of the Estate of Giuseppe Cracchiolo |
| EASTERN FISHERIES, INC. and RCP REALTY |
| 12-2174 |
| September 28, 2012 |
| U.S. Court of Appeals, First Circuit |
| Marine (Personal Injury) |
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| Record returned to originating court: Dkt. No. 41 (Exh. 8-CD). [12-2174] (CC) [Entered: 08/05/2016 11:02 AM] |
| Record returned to originating court: Exhibit 8 to Document 41(CD), [12-2174] (CC) [Entered: 02/07/2014 02:03 PM] |
| MANDATE issued. [12-2174, 13-1787] (GA) [Entered: 02/06/2014 01:17 PM] |
| OPINION issued by Sandra L. Lynch, Chief Appellate Judge; Norman H. Stahl, Appellate Judge and Kermit V. Lipez, Appellate Judge. Published. [12-2174, 13-1787] (GA) [Entered: 01/15/2014 04:21 PM] |
| JUDGMENT entered by Sandra L. Lynch, Chief Appellate Judge; Norman H. Stahl, Appellate Judge and Kermit V. Lipez, Appellate Judge. 12-2174 Reversed 13-1787 Reversed [12-2174, 13-1787] (GA) [Entered: 01/15/2014 04:31 PM] |
| LETTER filed by Attorney Robert J. Murphy, Jr. in 12-2174, 13-1787. Re: Copy of Exhibit 10- Surveillance Video. [12-2174, 13-1787] (GA) [Entered: 12/09/2013 09:13 AM] |
| LETTER filed by Matthew Harrison Greene and Mark W. Shaughnessy. Cover Letter for CD containing actual surveillance video which is represented by proxy at page 405 of the appendix. [12-2174, 13-1787] (GA) [Entered: 12/06/2013 02:16 PM] |
| LETTER regarding Surveillance Video filed by Attorney Brian S. McCormick for Appellant Carla Cracchiolo in 13-1787. Certificate of service dated 12/05/2013. [13-1787, 12-2174] (BSM) [Entered: 12/05/2013 01:56 PM] |
| LETTER filed by Attorney Brian S. McCormick for Appellant Carla Cracchiolo. Enclosed please find three (3) copies of Plaintiff/ Appellannt's Submission of Color Photographs Appendix Pages 585-608, and one (1) copy of the surveillance video footage referenced in the Plaintiff/ Appellant's brief. [12-2174]. CLERK'S NOTE: Docket entry was edited to modify the file date. (GA) [Entered: 12/06/2013 12:21 PM] |
| CASE argued. Panel: Sandra L. Lynch, Chief Appellate Judge; Norman H. Stahl, Appellate Judge and Kermit V. Lipez, Appellate Judge. Arguing attorneys: Joseph M. Orlando for Carla Cracchiolo and Anthony M. Campo for appellees. [12-2174, 13-1787] (LM) [Entered: 12/03/2013 12:38 PM] |
| MOTION for leave to supplement the appendix filed by Appellant Carla Cracchiolo in 12-2174. Certificate of service dated 12/03/2013. [12-2174, 13-1787] (DO) [Entered: 12/03/2013 09:45 AM] |
| SUPPLEMENTAL record filed. Docket entries: Dkt. No. 41 (Exh. 8-CD). [12-2174, 13-1787] (TS) [Entered: 12/03/2013 02:17 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Joseph M. Orlando for Appellant Carla Cracchiolo in 12-2174. Certificate of service dated 11/18/2013. [12-2174, 13-1787] (JMO) [Entered: 11/18/2013 10:54 AM] |
| DESIGNATION of attorney presenting oral argument. Arguing Person Information Updated for: Mark W. Shaughnessy arguing for Appellee Inc. Eastern Fisheries. [12-2174, 13-1787] (LM) [Entered: 10/31/2013 02:38 PM] |
| DESIGNATION of attorney presenting oral argument.. [12-2174, 13-1787] (LM) [Entered: 10/31/2013 02:52 PM] |
| FORM for selection of counsel on appeal filed by Appellee RCP Realty in 12-2174, 13-1787 informing the court that counsel has been retained. Certificate of service dated 10/30/2013. [12-2174, 13-1787] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. [12-2174, 13-1787] (AMC) [Entered: 10/30/2013 04:06 PM] |
| FORM for selection of counsel on appeal filed by Appellee Eastern Fisheries, Inc. in 12-2174, 13-1787 informing the court that counsel has been retained. Certificate of service dated 10/29/2013. [12-2174, 13-1787] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. [12-2174, 13-1787] (MWS) [Entered: 10/29/2013 04:16 PM] |
| CASE calendared: Tuesday, 12/03/2013 Boston, MA Panel Courtroom. Designation form due 11/12/2013. [12-2174, 13-1787] (LM) [Entered: 10/28/2013 03:55 PM] |
| CORPORATE disclosure statement filed by Appellees Eastern Fisheries, Inc. and RCP Realty in 12-2174. Certificate of service dated 09/30/2013. [12-2174, 13-1787] (GA) [Entered: 10/18/2013 04:22 PM] |
| NINE (9) paper copies of appellee/respondent brief [ # 5767794-2 ] submitted by Appellees Eastern Fisheries, Inc. and RCP Realty in 12-2174, 13-1787. [12-2174, 13-1787] (CC) [Entered: 10/04/2013 08:31 AM] |
| APPELLEE'S BRIEF filed by Appellees Eastern Fisheries, Inc. and RCP Realty in 12-2174, 13-1787. Certificate of service dated 09/30/2013. Reply brief due 10/15/2013 for appellant Carla Cracchiolo. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/07/2013. [12-2174, 13-1787] (GA) [Entered: 09/30/2013 04:00 PM] |
| BRIEF tendered by Appellees Eastern Fisheries, Inc. and RCP Realty in 12-2174, 13-1787. Certificate of service dated 09/30/2013. [12-2174, 13-1787] (MWS) [Entered: 09/30/2013 02:37 PM] |
| NINE (9) paper copies of appellant/petitioner brief [ # 5760494-2 ] submitted by Appellant Carla Cracchiolo in 13-1787. [13-1787, 12-2174] (GA) [Entered: 09/18/2013 01:30 PM] |
| APPENDIX filed by Appellant Carla Cracchiolo. Number of volumes: 4. Number of copies: 5. Certificate of service dated 09/09/2013. [12-2174] (GA) [Entered: 09/23/2013 09:16 AM] |
| PLEADING tendered: Appendix 4 volumes filed by Appellant Carla Cracchiolo in 13-1787, 12-2174. Certificate of service dated 09/09/2013. [13-1787, 12-2174] (DJT) [Entered: 09/10/2013 10:24 AM] |
| APPELLANT'S BRIEF filed by Appellant Carla Cracchiolo in 12-2174, 13-1787. Certificate of service dated 08/30/2013. Brief due 10/02/2013 for appellee Eastern Fisheries, Inc. and RCP Realty. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 09/10/2013. [12-2174, 13-1787] (GAK) [Entered: 09/03/2013 09:28 AM] |
| BRIEF tendered by Appellant Carla Cracchiolo. Certificate of service dated 08/30/2013. [12-2174] (GAK) [Entered: 09/03/2013 09:18 AM] |
| BRIEFING schedule set. Brief due 09/18/2013 for appellant Carla Cracchiolo. Appendix due 09/18/2013 for appellant Carla Cracchiolo. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 14 days following service of appellee's brief. [12-2174, 13-1787] (GAK) [Entered: 08/09/2013 11:05 AM] |
| Duplicate TRANSCRIPT report/order form filed by Appellant Carla Cracchiolo. Certificate of service was not included. [12-2174] (GAK) [Entered: 07/31/2013 02:00 PM] |
| Duplicate DOCKETING statement filed by Appellant Carla Cracchiolo. Certificate of service was not included. [12-2174] (GAK) [Entered: 07/31/2013 02:02 PM] |
| NOTICE of appearance filed by Attorney Joseph M. Orlando for Appellant Carla Cracchiolo. Certificate of service was not included. [12-2174] (GAK) [Entered: 07/31/2013 02:11 PM] |
| Duplicate NOTICE of appearance filed by Attorney Brian S. McCormick for Appellant Carla Cracchiolo. Certificate of service was not included. [12-2174] (GAK) [Entered: 07/31/2013 02:38 PM] |
ORDER consolidating cases for purposes of briefing and oral argument. The following case(s) are consolidated: 13-1787 (Consolidated started 06/25/2013) with 12-2174. [12-2174, 13-1787] (LB) [Entered: 06/25/2013 09:09 AM]
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| LETTER filed by Attorney Brian S. McCormick for Appellant Carla Cracchiolo regarding appeal. Certificate of service dated 05/28/2013. [12-2174] (CMP) [Entered: 06/03/2013 04:21 PM] |
| SUPPLEMENTAL record filed.Electronic supplement consisting of docket entries 135 Memorandum and Order and 136 Final Judgment. [12-2174] (LB) [Entered: 05/22/2013 02:15 PM] |
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ORDER entered by Sandra L. Lynch, Chief Appellate Judge. In view of the stipulation of dismissal against O'Hara Corporation and the grant of summary judgment in favor of the other two defendants, it would appear that this appeal would be ready to proceed except that plaintiff's September 10, 2012 Rule 59(e) motion is still outstanding. See Fed. R. App. P. 4(a)(4)(A)(iv) (notice of appeal does not become effective until district court disposes of timely file Rule 59(e) motion). In the event the motion has been overlooked, we bring it to the district court's attention. [12-2174] (LB) [Entered: 04/17/2013 01:40 PM]
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| NOTICE of filing the following transcript(s) in district court by Court Reporter Marianne Kusa-Ryll: 08/15/2012, Summary Jmt. Arg.. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [12-2174] (LB) [Entered: 12/11/2012 08:29 AM] |
| NOTICE of appearance on behalf of Appellee Eastern Fisheries, Inc. filed by Attorney Matthew H. Greene. Certificate of service dated 11/16/2012. [12-2174] (MHG) [Entered: 11/16/2012 04:02 PM] |
| NOTICE issued. The following attorney has failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Robert J. Murphy for O'Hara Corporation. [12-2174] (LB) [Entered: 11/07/2012 02:00 PM] |
| MOTION to Show Cause Why the Instant Appeal Should Not be Dismissed filed by Appellant Carla Cracchiolo. Certificate of service dated 11/02/2012. [12-2174] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. [12-2174] (BSM) [Entered: 11/02/2012 02:20 PM] |
| RESPONSE filed by Appellant Carla Cracchiolo to order to show cause for lack of jurisdiction [ # 5684083-2 ]. Certificate of service dated 11/02/2012. [12-2174] (LB) [Entered: 11/02/2012 02:33 PM] |
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ORDER to Show Cause entered directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Show cause response due 11/02/2012. [12-2174] (LB) [Entered: 10/19/2012 02:54 PM]
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| NOTICE issued. After 10/30/2012, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Joseph M. Orlando for Carla Cracchiolo and Robert J. Murphy for O'Hara Corporation. [12-2174] (LB) [Entered: 10/16/2012 03:16 PM] |
| NOTICE of appearance filed by Attorney Joseph M. Orlando for Appellant Carla Cracchiolo. [12-2174] (LB) [Entered: 10/12/2012 02:09 PM] |
| DOCKETING statement filed by Appellant Carla Cracchiolo. [12-2174] (LB) [Entered: 10/12/2012 02:12 PM] |
| NOTICE of appearance filed by Attorney Brian S. McCormick for Appellant Carla Cracchiolo. [12-2174] (LB) [Entered: 10/12/2012 02:10 PM] |
| TRANSCRIPT report/order form filed by Appellant Carla Cracchiolo indicating the following transcripts are being ordered: 08/15/2012, Summary Judgment Argument. Transcript(s) due 12/11/2012 from Court Reporter Marianne Kusa-Ryll. [12-2174] (LB) [Entered: 10/12/2012 02:15 PM] |
| NOTICE of appearance on behalf of Appellee Eastern Fisheries, Inc. filed by Attorney Mark W. Shaughnessy. Certificate of service dated 10/03/2012. [12-2174] (MWS) [Entered: 10/03/2012 03:29 PM] |
| NOTICE of appearance on behalf of Appellee RCP Realty filed by Attorney Anthony M. Campo. Certificate of service dated 10/03/2012. [12-2174] (AMC) [Entered: 10/03/2012 03:33 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #126) filed by Appellant Carla Cracchiolo. Docketing Statement due 10/12/2012. Transcript Report/Order form due 10/12/2012. Appearance form due 10/12/2012. [12-2174] (LB) [Entered: 09/28/2012 02:38 PM] |
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