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Case Information
Parties
Docket Entries
- Complaint filed.
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 432323 Date: 07/08/2022
- Land Court surcharge Receipt: 432323 Date: 07/08/2022
- Land Court summons Receipt: 432323 Date: 07/08/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Plaintiff's Motion for Leave to File Memorandum of Lis Pendens and Request for Order of Notice, filed.
- Memorandum of Law in Support of Plaintiff's Motion for Leave to File Memorandum of Lis Pendens, filed.
- Memorandum of Lis Pendens, filed.
- Plaintiff Motion for Appointment of a Special Process Server filed.
- Plaintiff Motion for Appointment of a Special Process Server Allowed. Judge: Patterson, Deborah J.
- Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Smith, Hon. Kevin T. Event: Hearing on Lis Pendens Date: 07/21/2022 Time: 09:00 AM
- Event Resulted: Hearing on Lis Pendens scheduled on: 07/21/2022 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding July 21, 2022. Hearing on plaintiff's motion for leave to file memorandum of lis pendens held by videoconference. Attorney Mark W. Corner appeared for the plaintiff, and defendant Michele T. Giffear appeared, pro se. The plaintiff has brought this action for specific performance of a contract pursuant to G. L. c. 185, § 1(k), alleging breach of contract and asking this court to compel the defendants to convey the subject property to the plaintiff. Following argument, the court allowed plaintiff's motion and will endorse the proposed memorandum of lis pendens. (Smith, J.).
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Mark Westbrook Corner, Esq. [email protected] Defendant: Marshall F. Howland No addresses available Defendant: Michele T. Giffear No addresses available Sent On: 07/22/2022 10:40:12
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 08/22/2022 Time: 10:45 AM
- Summons returned to Court with service on Michele T. Giffear filed. Service type undetermined on July 16, 2022.
- Notice of Change of Address, filed.
- Case Management Conference Statement, filed (by email).
- Event Resulted: Case Management Conference scheduled on: 08/22/2022 10:45 AM Has been: Held via video Hon. Kevin T. Smith, Presiding August 22, 2022. Case management conference held by videoconference. Early intervention event held. Attorney Mark W. Corner appeared for the plaintiff, and defendants Michele T. Giffear and Marshall F. Howland appeared, pro se. Marshall F. Howland has not yet received a copy of the complaint. Attorney Corner represented that he will provide defendant Howland with a copy of the complaint. Following colloquy, the court scheduled a status conference to be held via videoconference at 11:30 on September 22, 2022 in order to allow time for the defendants to retain counsel if they so choose and to file any responsive pleadings in accordance with the Massachusetts Rules of Civil Procedure. (Smith, J.).
- Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 09/22/2022 Time: 11:30 AM
- Appearance of Michael Magerer, Esq. for Michele T. Giffear, filed
- Defendant's, Michele T. Giffear, Motion to Extend Filing Deadline, filed and ALLOWED (Smith, J.).
- Event Resulted: Status Conference scheduled on: 09/22/2022 11:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding September 22, 2022. Status conference held via videoconference. Attorney Mark Corner appeared for the plaintiff. Attorney Michael Magerer appeared for defendant Michele T. Giffear, and defendant Marshall Howland appeared pro se. Defendant Howland indicated on the record that he intends to proceed representing himself and will file a pro se appearance with the court in the ordinary course. Attorney Magerer indicated that he intends to file a motion to dismiss based on his preliminary review of the plaintiff's complaint and his understanding of the facts at this early stage. After hearing from the parties, the court set a briefing schedule for the motion to dismiss. Defendants must file their motion by October 14, 2022; plaintiff must file any opposition by October 28, 2022. At that time, the court will schedule a hearing on the pleadings. (Smith, J.).
- Appearance of Pro Se for Marshall F. Howland, filed
- Defendant, Michele T. Giffear, Motion to Dismiss or in the Alternative Motion for Judgment on the Pleadings, filed.
- Plaintiff's Memorandum of Law in Opposition to Defendant Michele Giffear's Motion to Dismiss, filed.
- Affidavit of Tim Walls, filed.
- Application for Default Against Defendant Marshall F. Howland, filed.
- Defendant, Marshall F. Howland, Support of the Motion to Dismiss or Motion for Judgment on the Pleadings, filed (by email).
- Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 03/28/2023 Time: 11:00 AM
- Event Resulted: Status Conference scheduled on: 03/28/2023 11:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding March 28, 2023. Motion hearing held via videoconference. Attorney Mark Corner appeared for the plaintiff. Attorney Michael Magerer appeared for defendant Michele T. Giffear. Defendant Marshall F. Howland appeared, pro se. Before the court was defendant Michele T. Giffear's motion to dismiss and plaintiff's opposition to the motion to dismiss. Defendant Marshall Howland also joined the motion to dismiss. The defendants argued that, taking the facts of the pleadings in a light most favorable to the plaintiff, there can be no dispute that the defendants failed to form a binding offer and could not have intended to be bound by the offer. Plaintiff, however, argued that the verified complaint in this action states a plausible claim for specific performance of an agreement to sell the subject property. Following argument, the court took the matter under advisement and will issue a decision in due course. After issuing a decision on the motion to dismiss, the court will schedule a status conference if appropriate. (Smith, J.).
- Decision on Defendants' Motion to Dismiss, issued. (Copies emailed to Attorneys Michael Magerer and Mark Corner, and Pro Se Respondent Marshall Howland) Judge: Smith, Hon. Kevin T.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 05/02/2023 Time: 09:30 AM
- Answer of Defendant, Michele T. Giffear, filed.
- Event Resulted: Status Conference scheduled on: 05/02/2023 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding May 2, 2023. Status conference held via videoconference. Attorney Mark Corner appeared for the plaintiff. Attorney Michael Magerer appeared for defendant Michele Giffear. The purpose of this status conference was to set a discovery schedule and date for trial. Attorney Magerer reported that the parties have been engaged in settlement negotiations and are nearing an agreement. Following colloquy, the court set the following schedule for trial: a trial will be held on October 19, 2023. The pre-trial conference will be held on September 21, 2023 at 3pm; a joint pre-trial memorandum will be submitted to the court no later than September 14, 2023; all discovery is to be completed by September 1, 2023. If the parties reach a settlement agreement prior to trial, they should file a stipulation of dismissal with the court. (Smith, J.).
- Scheduled Judge: Smith, Hon. Kevin T. Event: Pre-Trial Conference Date: 09/21/2023 Time: 03:00 PM
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