#176, Drano Series

 

 

Barb’s Amended Motion, Pursuant to M.G.L. C. 231, §59F, for Acceleration of Filing, Proceeding, Hearing, and Decision, with affidavit ~~~~~~~~~~~~~~~~

COMMONWEALTH OF MASSACHUSETTS APPEALS COURT Essex, ss.                                                     C.A. No. 2006-P-1809   Barbara C. Johnson, Esq. Plaintiff v. Board of Bar Overseers of Massachusetts, Office of Bar Counsel, Daniel Crane, Esq., in his individual and professional capacities, Susan Strauss-Weisberg, in her individual and professional capacities, Commonwealth of Massachusetts, Defendants ____________________________   JOHNSON’S AMENDED MOTION, PURSUANT TO M.G.L. c. 231, §59F,  FOR ACCELERATION OF FILING, PROCEEDING, HEARING, AND DECISION with affidavit verifying birthdate

Now comes Barbara C. Johnson, Esq. [“Johnson”], and moves this Honorable Court, pursuant to M.G.L. c. 231, §59F, to accelerate dates for filing of the opposition appellee briefs (to  effect this, the extension of the due date without good cause must be vacated), proceedings, motion hearing(s), oral arguments, and decision of this appeal.   In any civil action in any court of the commonwealth in which one or more of the parties at the time of commence- ment of the proceeding is sixty-five years of age or older or during the pendency of the proceeding attains the age of sixty-five, the court shall, upon motion of such person, advance the proceeding for speedy trial so that it may be heard and determined with as little delay as possible. G.L. c. 231, §59F.   Where Johnson is 72 years of age [Exh. A], this statute is applicable and entitles her to the acceleration of the dates for filing of the opposition appellee briefs, motion hearing(s), oral arguments, decision of this appeal, and remand for trial.             WHEREFORE, Johnson prays this motion be allowed.                                            Respectfully submitted,          26 January 2007                 Barbara C. Johnson, Esq., Pro Se                                            6 Appletree Lane                                           Andover, MA 01810-4102                                            978-474-0833                                            BBO #549972 (pending appeal, SJC                                                                                              bench) Exhibit A AFFIDAVIT OF BARBARA C. JOHNSON IN SUPPORT OF AMENDED MOTION, PURSUANT TO M.G.L. c. 231, §59F,  FOR ACCELERATION OF PROCEEDING, HEARING, AND DECISION I, Barbara C. Johnson, hereby depose and say that I am the Plaintiff/Appellant in the above-entitled action and that I am 72 years of age, as stated in the motion to which this affidavit is appended.              Signed under the pains and penalty of perjury.                                            Barbara C. Johnson, Esq., Pro Se CERTIFICATE OF SERVICE              I, Barbara C. Johnson, hereby certify that on 27 January 2007 I served a true and accurate copy of the within pleading by first-class mail on opposing counsel of record, Asst. Attorney General Ronald Kehoe, One Ashburton Place, Room 1813, Boston, MA 02108.                                                                Barbara C. Johnson, Esq., Pro Se