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Massachusetts

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Case Information

Filed 2023-03-06
Status Open
Type Imposition Of A Trust
Docket 132 entries

Parties

Plaintiff Arnold, Craig
Defendant Arnold, Richard S|Glidden & Brescher, P.c.|Fereshetian, Wendy J.|Brescher, Jessie|Glidden & Brescher, P.c.

Lawyers

Docket Entries

  1. vent Result:: Final Pre-Trial Conference scheduled on: 04/08/2025 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon Diane Freniere, Presiding
  2. ivil action cover sheet filed.
  3. laintiff Craig Arnold's Motion for Special Process Server
  4. laintiff(s) Craig Arnold's Motion for a Real Estate Attachment
  5. laintiff Craig Arnold's Motion for Short Order of Notice
  6. ase assigned to: DCM Track A - Average was added on 03/06/2023
  7. ndorsement on Motion for Special Process Server (#3.0): ALLOWED Judge: Gildea, Hon. Mark
  8. ndorsement on Motion for Short Order of Notice (#5.0): ALLOWED Order of Notice to Issue for April 20, 2023 at 2:00 PM at Barnstable Superior Court. Judge: Gildea, Hon. Mark
  9. ummons and order of notice issued on a Motion for a Real Estate Attachment , returnable on 04/20/2023 02:00 PM Hearing for Real Estate Attachment. To be held at Barnstable Superior Court - Second Session - IN PERSON Judge: Gildea, Hon. Mark
  10. ERVICE Returned for Defendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust: Service made at last and usual;
  11. ERVICE Returned for Defendant Glidden & Brescher, P.C.: Service through person in charge / agent; Tanya Babaitsava, Administrative Legal Assistant
  12. vent Result:: Hearing for Real Estate Attachment scheduled on: 04/20/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Mark Gildea, Presiding To be held by ZOOM with Dukes County
  13. ttorney appearance On this date John C Cartwright, Esq. added as Private Counsel for Defendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust
  14. pposition to Motion for Attachment filed by Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust
  15. vent Result:: Hearing for Real Estate Attachment scheduled on: 04/20/2023 02:00 PM Has been: Not Held For the following reason: Transferred to another session Comments: Dukes via cross-site Hon. Douglas H Wilkins, Presiding
  16. arty(s) file Stipulation 1. The Hearing on the Plaintiff's Motion for Real Estate Attachment shall be continued to Thursday, April 27, 2023, via Zoom. 2. Defendant Richard S. Arnold shall refrain from selling, transferring, mortgaging, pledging or hypothecating any real estate in Nantucket County in which he has an legal or equitable ownership interest, pending the court's disposition of the above-referenced motion. 3. This stipulation shall be incorporated as an order of the court. Applies To: Fanger, Esq., Alan S (Attorney) on behalf of Arnold, Craig (Plaintiff); Cartwright, Esq., John C (Attorney) on behalf of Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust (Defendant)
  17. vent Result:: Hearing for Real Estate Attachment scheduled on: 04/20/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. Douglas H Wilkins, Presiding
  18. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Notice of Motion Pursuant to Sup. Ct. Rule 9E of Motion to Dismiss Complaint pursuant to M.R. Civ. P. 12(b)(6) Failure to State a Claim
  19. pposition to to Motion for Attachment filed by Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust
  20. efendant's Notice of intent to file motion Pursuant to Sup. Ct. Rule 9E of Motion to Dismiss Complaint Pursuant to M.R. Civ. P. 12(B)(7) Failure to Join Party Under M.R. Civ. P. 19 Applies To: Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust (Defendant)
  21. vent Result:: Hearing for Real Estate Attachment scheduled on: 04/27/2023 02:00 PM Has been: Held via Video/Teleconference, Under Advisement Stipulation of the Parties, p #10 filed 4/19/2023 will be continued while this matter is under advisement. So Ordered. (Wilkins, J) Hon. Douglas H Wilkins, Presiding Plaintiff: Attorney Fanger, Esq., Alan S Defendant: Attorney Cartwright, Esq., John C
  22. ndorsement on Motion for a Real Estate Attachment (#4.0): ALLOWED $550,000.00 After hearing, allowed in the amount of $550,000 upon a finding that the plaintiff is likely to succeed on his claim against defendant Arnold in that amount in excess of any insurance. The plaintiff is likely to show that the Eight Winn Lane Realty Trust was a valid trust for Wendy (mother of Craig) to act as trustee for two of Arnold's children; that Richard Arnold knew of the Trust's provisions, including the plaintiff's status as one of the two beneficiaries; that he knowingly received title from Wendy in a 2014 settlement agreement with knowledge that she lacked authority to convey the property to him without consent of the children/beneficiaries who were, by then, adults competent to consent (thereby committing a conversion); that he did not treat the trust as terminated and, on the contrary, treated the Trust as in existence and, in 2014, declared himself as the sole beneficiary of the Trust without presenting any evidence to this court that his two children, as original beneficiaries, ever transferred or relinquished their beneficial interests; that, on March 26, 2021, Richard Arnold, under oath falsely declared himself the sole beneficiary and appointed himself as trustee; that he exercised dominion and control over the trust assets by selling them in his asserted capacity as trustee without authority from his children, as beneficiaries (thereby committing a breach of his own fiduciary duty as trustee to the beneficiaries); that he is estopped from denying that fiduciary relationship resulting from his claim to be the trustee; and that the plaintiff's damages are at least one-half of the $1,045,471.32 sales price of 8 Winn Lane. No party has cited authority invalidating a trust by which a parent holds property in trust for children and stepchildren, even if the trust may be a nominee trust. The UTMA does not purport to exclude the option of using a trust instead of a custodial transfer under G.L. c. 201A, s. 9. While the defendant may have arguments based upon waiver or estoppel arising out of plaintiff's alleged knowledge of the events and failure to object, those arguments may not prevail where the plaintiff plausibly alleged that he was not aware of the original Trustee's resignation, where the Trust had provisions affirmatively requiring consent of the beneficiaries to appointment of a new trustee and conveyance of property, not just inaction and where defendant does not claim to have made full disclosure. In evaluating credibility and the likelihood of success, the most persuasive consideration is that, despite the court's direct questioning, Richard has presented no documentation or other credible evidence that he had any reasonable basis for claiming, under oath, that he was the sole beneficiary of the trust when he filed documents in the Registry. Judge: Wilkins, Hon. Douglas H
  23. rit Attachment, returned SERVED Applies To: Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust (Defendant)
  24. efendant Glidden & Brescher, P.C.'s Notice of Filing of Motion to Dismiss
  25. otice of voluntary dismissal (41a.l.i) Without prejudice Count Five of the Complaint as against Glidden & Brescher, P.C.
  26. arty status: Defendant Glidden & Brescher, P.C.: Voluntarily dismissed
  27. mended: amended complaint filed by Craig Arnold
  28. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Notice of Motion to Dismiss Pursuant to Rule 9E of Motion to Dismiss Complaint Pursuant to M.R.Civ.P. 12(b)96) Failure to State a Claim
  29. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Motion to dismiss all counts Pursuant to M.R.Civ.P. 12(b)(6)
  30. ichard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Memorandum in support of Motion to Dismiss
  31. xhibits/Appendix Filed by Defendant, Richard S. Arnold, in Support of Motion to Dismiss
  32. pposition to Motion to Dismiss (P#16) filed by Craig Arnold
  33. eply/Sur-reply Applies To: Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust (Defendant)
  34. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Request for Hearing
  35. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Certificate of Compliance with Rule 9C
  36. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Notice of Filing Rule 9A
  37. vent Result:: Rule 12 Hearing scheduled on: 07/28/2023 11:15 AM Has been: Held as Scheduled Comments: Plaintiff to file 2nd Amended Complaint within one week, Defendant has 60 days to respond to Request for Admissions. Hon. Mark Gildea, Presiding Appeared: Plaintiff Alan S Fanger, Esq., Defendant John C Cartwright, Esq., Private Counsel
  38. ndorsement on Motion to dismiss all counts (#16.0): Other action taken After hearing, Plaintiff may file 2nd Amended Complaint within one week, Defendant has 60 days extra to respond to Requests for Admissions.
  39. mended: Verified SECOND AMENDED amended complaint filed by Craig Arnold
  40. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Motion to dismiss all counts
  41. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Notice of Motion Pursuant to Sup. Ct. Rule 9E of Motion to Dismiss Pursuant to Mass. R. Civ. P. 12(b)(6) Failure to State a Claim
  42. ichard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Memorandum in support of Motion to Dismiss Pursuant to Mass. R. Civ. P. 12(b)(6) with Defendant's Exhibits
  43. pposition to Defendant Richard Arnold's Motion to Dismiss Second Amended Complaint, and CROSS-MOTION for Sanctions Pursuant to G.L. Ch. 231, §6(f) and M.R.C.P. 11 (P#18) filed by Craig Arnold
  44. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Reply to Plaintiff's Opposition to Motion to Dismiss Amended Verified Complaint [M.R.Civ.P. 12(b)(6)]
  45. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Request for Hearing on Motion to Dismiss M.R.Civ.P. 12(b)(6)
  46. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Notice of Filing Pursuant to Sup.Ct. Rule 9A(b)(2)(iii)
  47. ndorsement on Motion to dismiss all counts After hearing and consideration, motion (#18.0): DENIED Further, the plaintiff's request for fees and costs is DENIED. Judge: Hogan, Hon. Maureen
  48. vent Result:: Rule 12 Hearing scheduled on: 09/20/2023 02:00 PM Has been: Held as Scheduled Hon. Maureen Hogan, Presiding Appeared: Plaintiff Alan S Fanger, Esq., Defendant John C Cartwright, Esq., Private Counsel
  49. ttorney appearance electronically filed.
  50. NSWER to SECOND AMENDED Complaint with Jury Request filed by Richard S. Arnold, Individually and as Trustee of the 8 Winn Lane Realty Trust
  51. ttorney appearance On this date Louis J Muggeo, Esq. added as Private Counsel for Defendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust
  52. d Party Complaint filed. Richard S. Arnold Individually and as Trustee of the 8 Winn Lane Realty Trust vs. Wendy J. Fereshetian
  53. xhibits/Appendix Exhibit A to Third Party Complaint
  54. d Party Complaint filed.
  55. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Motion for an Order Granting Access to Criminal Offender Record Information Concerning Craig S. Arnold With Proposed Order
  56. ffidavit of compliance with Superior Court Rule 9C Applies To: Muggeo, Esq., Louis J (Attorney) on behalf of Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust (Defendant)
  57. ffidavit of compliance with Superior Court Rule 9A No Opposition Applies To: Muggeo, Esq., Louis J (Attorney) on behalf of Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust (Defendant)
  58. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Notice of Filing and List of Documents (Rule 9A)
  59. ndorsement on Motion for an Order Granting Access to Criminal Offender Record Information Concerning, Craig. S. Arnold (#21.0): ALLOWED There being no opposition, the motion is allowed.
  60. efendant, Plaintiff in a 3rd Party Claim Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's EMERGENCY Motion to Extend the Time to File Opposition to Plaintiff's Motion for Summary Judgment and for Additional Discovery, Pursuant to Mass.R.Civ.P 56(f)
  61. ichard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Memorandum in support of Emergency Motion Pursuant to Mass.R.Civ.P.56(f) Includes Exhibit A and Exhibit B
  62. ffidavit of Louis J. Muggeo in Accordance with Mass.R.Civ.56(f)
  63. ertificate of Compliance Superior Court Rule 9A, Superior Court Rule 9C 9A(d)(1) and 9C
  64. pposition to Motion of Defendant / Third Party Plaintiff Richard Arnold to Extend the Time to File Opposition to Plaintiff's Motion for Summary Judgment and for Additional Discovery (P#22) filed by Craig Arnold
  65. xhibits/Appendix Exhibits to Opposition to Motion of Defendant/Third Party Plaintiff Richard Arnold to Extend the Time to File Opposition to Plaintiff's Motion for Summary Judgment and for Additional Discovery
  66. atter taken under advisement: Motion Hearing scheduled on: 11/22/2023 12:00 PM Has been: Held - Under advisement Hon. Mark Gildea, Presiding Appeared: Plaintiff Alan S Fanger, Esq., Defendant John C Cartwright, Esq., Private Counsel Staff: Robert Manning, First Assistant Clerk Magistrate Barnstable Superior Court - FTR Main Session
  67. ndorsement on Motion to Extend the Time to File Opposition to Plaintiff's Motion for Summary Judgment and for Additional Discovery (#22.0): Other action taken In this action filed on June 7, 2023, the plaintiff has moved for partial summary judgment. Defendant filed an emergency motion to extend the time to file opposition and for additional discovery. The plaintiff opposes both requests claiming the defendant is unable to articulate any evidence that he could adduce through discovery that would contradict the fact that the instruments that were necessary to perfect defendant's interest as both beneficiary and trustee were neither executed by plaintiff nor recorded as required by the Trust. The court agrees with the plaintiff that it is difficult to envision such evidence being discovered but finds that the defendant, in his papers and at hearing, has made a sufficient showing warranting additional time for the limited discovery requested. Defendant shall conduct and complete the discovery requested in his motion on or before February 23, 2024. Defendant's opposition to summary judgment shall be filed with the court on or before March 22, 2024. The Clerk shall seek to identify a hearing date on the motion for summary judgment in April, 2024. Judge: Gildea, Hon. Mark
  68. ervice Returned for Defendant Fereshetian, Wendy J.: Service made in hand;
  69. ichard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's request for Default 55(a) Applies To: Fereshetian, Wendy J. (Defendant)
  70. laintiff Craig Arnold's Motion to Modify Discovery Order With Proposed Order
  71. pposition to Plaintiff's Motion to Modify Discovery Order filed by Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust
  72. eply/Sur-reply Reply Memorandum to Defendant's Opposition to Plaintiff's Motion to Modify Discovery Order
  73. laintiff Craig Arnold's Certificate of Compliance with Rule 9C
  74. laintiff Craig Arnold's Notice of Filing of Rule 9A Package
  75. ttorney appearance electronically filed. On this date Michael G Doton, Esq. added as Private Counsel for Defendant Wendy J. Fereshetian
  76. nswer to the third party complaint (proposed) Applies To: Fereshetian, Wendy J. (Defendant)
  77. efendant in a 3rd Party Claim Wendy J. Fereshetian's EMERGENCY Motion to extend time for Answer NOTE: Mailed Certified mail 1/10/2024, delivered 1/20/2024
  78. efendant in a 3rd Party Claim Wendy J. Fereshetian's Assented to Motion to File Late Answer
  79. ndorsement on Motion of Third-Party Defendant to File a Late Answer (#29.0): ALLOWED nunc pro tunc to 1/18/2024
  80. ndorsement on Request for Default (Pursuant to Rule 55(a)) (#25.0): No Action Taken Deemed moot in light of defendant's assent to third-party defendant's motion to file answer late. See paper no. 29.
  81. ndorsement on Motion to Modify Discovery Order (#26.0): No Action Taken given the recent appearance by counsel for the third party defendant. Counsel for all parties shall confer again and report to the Court by Monday, January 28, 2024 whether action is still required on this motion. Judge: Gildea, Hon. Mark
  82. laintiff Craig Arnold's Joint Submission of Status Report in Response to Court's Order of January 24, 2024
  83. ndorsement on Motion to Modify Discovery Order (#26.0): Other action taken Plaintiff wants his client's deposition to be by Zoom but the Third-Party Defendant in person; Defendant wants plaintiff's deposition in person but agrees Third-Party Defendant can be by Zoom. Third-Party defendant wants her deposition by Zoom but doesn't care about how plaintiff's deposition is taken. Given this all started with defendant's request for more time to oppose Summary Judgment, the court orders that the depositions in dispute can be taken by Zoom. The time to take the depositions is extended to March 8, 2024; Defendant's opposition is now due by April 5, 2024; The Clerk shall set a hearing date during the Superior Court Session of April 29 to May 16. Judge: Gildea, Hon. Mark
  84. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Motion to Amend Answer to Add Third Party Contribution Claim
  85. ichard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Memorandum in support of Motion to Amend Answer and to Add Third Party Contribution Claims
  86. roposed Filings/Orders Defendant/Third Party Plaintiff, Richard S. Arnold Individually and as Trustee of the 8 Winn Lane Realty Trust Third Party Complaint
  87. ichard S. Arnold, Individually and as Trustee of the 8 Winn Lane Realty Trust's AMENDED ANSWER to Plaintiff's Second Amended Verified Complaint
  88. pposition to Motion to Amend Answer filed by Craig Arnold (Limited Opposition)
  89. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Reply to Plaintiff's Limited Opposition to Amend Answer
  90. ffidavit of Compliance with Superior Court Rule 9A and Notice of Filing Applies To: Muggeo, Esq., Louis J (Attorney) on behalf of Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust (Defendant)
  91. laintiff Craig Arnold's Motion for Partial Summary Judgment
  92. raig Arnold's Memorandum in support of Motion for Partial Summary Judgment
  93. pposition to Plaintiff's Motion for Partial Summary Judgment filed by Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust
  94. laintiff Craig Arnold's Statement of Undisputed Material Facts, and Responses Thereto
  95. xhibits/Appendix Joint Appendix of Exhibits
  96. laintiff Craig Arnold's Certificate of Compliance with Rule 9A
  97. laintiff Craig Arnold's Certificate of Compliance with Rule 9C
  98. laintiff Craig Arnold's Notice of Filing
  99. ndorsement on Motion to Amend Answer to Add Third Party Contribution Claim (#31.0): ALLOWED Judge: Gildea, Hon. Mark
  100. d Party Complaint filed. Richard S. Arnold Individually and as Trustee of the 8 Winn Lane Realty Trust vs. Jessie Brescher and Glidden & Brescher, P.C.
  101. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's EMERGENCY Motion to continue / reschedule an event 05/10/2024 02:00 PM Rule 56 Hearing
  102. ndorsement on Motion to Continue Hearing (Emergency) (#34.0): ALLOWED Allowed. To be rescheduled by the Clerk. Judge: Goodwin, Hon. Karen
  103. vent Result:: Rule 56 Hearing scheduled on: 05/10/2024 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. Karen Goodwin, Presiding
  104. ttorney appearance On this date George C Rockas, Esq. added as Private Counsel for Defendant Jessie Brescher
  105. efendant in a 3rd Party Claim Jessie Brescher, Glidden & Brescher, P.C.'s Assented to Motion to Extend the Time to File Responsive Pleading to Third-Party Complaint
  106. ERVICE Returned for Defendant Brescher, Jessie: Service accepted by counsel; George Rockas, Esq.
  107. ERVICE Returned for Defendant Glidden & Brescher, P.C.: Service accepted by counsel; George Rockas, Esq.
  108. ndorsement on Motion to Extend the Time to File Responsive Pleading to Third-Party Complaint (#35.0): ALLOWED Judge: Gildea, Hon. Mark
  109. NSWER to Third Party Complaint Received from Defendant Jessie Brescher, Esq. and Glidden & Brescher, P.C.
  110. ttorney John C Cartwright, Esq.'s motion to withdraw as counsel of record for party Applies To: Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust (Defendant)
  111. ffidavit of Compliance with Rule 9A - No Opposition
  112. ndorsement on Motion for Leave to Withdraw as Counsel for Defendant (#39.0): ALLOWED Applies To: Cartwright, Esq., John C (Attorney) on behalf of Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust (Defendant)
  113. ttorney appearance On this date John C Cartwright, Esq. dismissed/withdrawn as Private Counsel for Defendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust
  114. ourt orders rescheduling due to State of Emergency surrounding the Covid-19 virus.: Rule 56 Hearing scheduled on: 08/02/2024 02:00 PM Has been: Rescheduled-Covid-19 emergency For the following reason: By Court prior to date Hon. Mark Gildea, Presiding
  115. vent Result:: Rule 56 Hearing scheduled on: 10/02/2024 03:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. Mark Gildea, Presiding
  116. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Assented to Motion to continue / reschedule an event 10/02/2024 03:00 PM Rule 56 Hearing
  117. ndorsement on Motion to Continue Hearing (#40.0): No Action Taken Hearing has been re-scheduled to September 6, 2024 Judge: Adams, Mary Elizabeth
  118. eply/Sur-reply Plaintiff Craig Arnold's Reply Memorandum to Defendant Richard Arnold's Opposition to Plaintiff's Motion for Summary Judgment (omitted in error with 9A package, accepted for filing (Gildea, J))
  119. atter taken under advisement: Rule 56 Hearing scheduled on: 09/06/2024 10:00 AM Has been: Held - Under advisement Hon. Mark Gildea, Presiding Appeared: Plaintiff Alan S Fanger, Esq., Defendant Louis J Muggeo, Esq., Private Counsel
  120. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Assented to Motion for Leave to File Sur-Reply
  121. eply/Sur-reply Defendant/Third Party Plaintiff, Richard S. Arnold's Sur-Reply Memorandum
  122. xhibits/Appendix Defendant/Third Party Plaintiff, Richard S. Arnold's Exhibits to Sur-Reply Memorandum (P# 32.7)
  123. EMORANDUM & ORDER: MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (see file or image for complete text) ORDER: For the foregoing reasons, the plaintiff's Motion for Partial Summary Judgment is DENIED. Based on the foregoing, the Court further ORDERS that summary judgment enter in the defendant's Richard S. Arnold's favor on Counts I, II and III of the plaintiff's Complaint. December 10, 2024 Judge: Gildea, Hon. Mark
  124. laintiff Craig Arnold's Motion for Reconsideration
  125. pposition to Plaintiff's Motion for Reconsideration filed by Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust
  126. eply/Sur-reply Reply Memorandum of Plaintiff Craig Arnold in Response to Defendant Richard Arnold's Opposition to Plaintiff's Motion for Reconsideration
  127. laintiff Craig Arnold's Certificate of Compliance with Rule 9A
  128. laintiff Craig Arnold's Notice of Filing of Rule 9A Package
  129. ttorney appearance On this date Andrea S Burke, Esq. added as Private Counsel for Defendants Jessie Brescher and Glidden & Brescher, P.C.
  130. laintiff Craig Arnold's Request for Hearing on Motion for Reconsideration (Filed 1/17/2025 Re: P#41 - Gildea, J)
  131. efendant Richard S Arnold Individually and as trustee of The 8 Winn Lane Realty Trust's Motion to Continue Pre-Trial Conference
  132. ndorsement on Motion to Continue Pre-Trial Conference (#44.0): ALLOWED The parties shall consult with the Session Clerk to schedule an in person hearing for the Rule 56 Motion Package during the May 2025 Sitting (April 28, 2025 - May 16, 2025). Final Pre-Trial Conference to be scheduled for the September 2025 Sitting.

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