No. 23-5600

Richard D. Bostwick v. Massachusetts Executive Office of Health and Human Services, et al.

Lower Court: Massachusetts
Docketed: 2023-09-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals bankruptcy bankruptcy-stay civil-procedure discretion due-process judicial-discretion motion-to-vacate standing time-limitation
Latest Conference: 2023-11-09
Question Presented (from Petition)

Whether Bostwick's Appeal was NOT Reviewed by the Lower Courts (Appeals Case No. 21-P-721) given Bostwick's Notice of Appeal. The following was Appealed in Bostwick's Notice of Appeal for Bostwick v. Department of Health (DPH), Sims, Classic (Case No.: 1081CV01775):

"1.2 All Matters, in Civil Action No. 1081CV01775, falling within the Judgment, numerous Orders, Final Judgment, etc. and the 10 Day Post-Final Judgment Motion concerning the Classic Automatic Stay are Appealed from in all respects...3.2 The...''All Matters.are..,.
(Docket Date: 03/02/2011): Motion to Dismiss Allowed: (Sims File Ref Nbr.: 11); (Docket Date: 03/02/2011): Motion to Dismiss Allowed: (DPH File Ref Nbr.: 12); (Docket Date: 03/02/2011): Motion to Dismiss Allowed: (Classic File Ref Nbr.: 13);
(Docket Date: 03/02/2011): Denied: Bostwick's Supplemental Documents (File Ref Nbr.: 15);
(Docket Date: 03/02/2011, File Ref Nbr.: 16): Memorandum of Decision and Order on the Defendant's Motions to Dismiss;
(Docket Date: 03/02/2011, File Ref Nbr.: 17): Declaratory Judgment, That the Complaint of the plaintiff be and hereby is dismissed;
(Docket Date: 03/14/2021): Denied: Bostwick's Motion about Classic's Bankruptcy and the Automatic Stay (File Ref Nbr. 18) is Denied;
(Docket Date: 05/06/2021): Denied: Bostwick's Motion to Vacate the 02 March 2011 Judgment under Mass.R.Civ.P. Rule 59(e) given Title 11 section 108(c)(2)...(File Ref. Nbr. 21) is Denied."

Question Presented (AI Summary)

Whether Bostwick's Appeal was NOT Reviewed by the Lower Courts (Appeals Case No. 21-P-721) given Bostwick's Notice of Appeal

Docket Entries

2023-11-13
Petition DENIED.
2023-11-06
Waiver of right of respondent Leonard J. Sims a/k/a Leonard Joseph Sims, Leonard J. Sims Co., General Contractors and Leonard J. Sims Custom Carpentry to respond filed.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-09-29
Waiver of right of respondents MA Executive Office of Health & Human Services; and MA Department of Public Health to respond filed.
2023-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)
2023-07-11
Application (23A11) granted by Justice Jackson extending the time to file until September 9, 2023.
2023-06-30
Application (23A11) to extend the time to file a petition for a writ of certiorari from July 11, 2023 to September 9, 2023, submitted to Justice Jackson.

Attorneys

Leonard J. Sims a/k/a Leonard Joseph Sims, Leonard J. Sims Co., General Contractors and Leonard J. Sims Custom Carpentry
Matthew LysiakMcDonough Hacking & Laudie, LLC, Respondent
MA Executive Office of Health & Human Services; and MA Department of Public Health
Carlos E. CousinsCommonwealth of Mass Office of the Atty. General, Respondent
Richard D. Bostwick
Richard D. Bostwick — Petitioner