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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-06-14
Status Open
Type Miscellaneous|Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 58 entries

Parties

Plaintiff Taylor, Dianne P.
Defendant Jones, Kenneth L

Lawyers

Docket Entries

  1. Complaint filed.
  2. Motion for Special Process Server, filed.
  3. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  4. Land Court miscellaneous filing fee Receipt: 441765 Date: 06/14/2023
  5. Land Court surcharge Receipt: 441765 Date: 06/14/2023
  6. Land Court summons Receipt: 441765 Date: 06/14/2023
  7. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  8. Amended Verified Complaint, filed.
  9. Plaintiff's Request for a Preliminary Injunction, filed.
  10. Memorandum of Lis Pendens, filed.
  11. The case has been assigned to the F Track. Notice sent.
  12. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/14/2023 Time: 11:30 AM
  13. Special Motion to Dismiss Pursuant to M.G.L. ch. 184 §15 (c), filed.
  14. The Court has received Mr. Kenneth L. Jones's Special Motion to Dismiss. The Motion exposes a problem with plaintiff Dianne P. Taylor's Verified Complaint and her Amended Verified Complaint: while the caption of both lists a "Kenneth L. Jacobs" as the defendant, paragraph 2 of both complaints alleges that the defendant is "Kenneth L. Jones." Rule 10(a), Mass. R. Civ. P., requires a plaintiff to identify in the caption of a complaint "the names of all of the parties"; when Rule 10 uses the word "name," it means a party's correct name. (The Court uses the names set forth in the caption, for example, to identify parties in MassCourts.) The Court thus ORDERS Ms. Taylor to file by June 30, 2023, a statement identifying the correct name of the defendant in this case. That statement must appear with a correct caption. The Court ADVISES Ms. Taylor that if she doesn't comply with this order, the Court will dismiss her claim without prejudice. As for the rest of Special Motion, the Court ORDERS Ms. Taylor to file by July 12, 2023, any opposition to it. The Court ORDERS the parties to appear by telephone on July 14, 2023, at 11:30 AM (the same time as the case-management conference in this matter) for a hearing on the Special Motion to Dismiss. The filing of the Special Motion does not excuse the parties from their obligations under the Notice of Case Management Conference. The Court does note, however, that the docket doesn't contain any motions by Ms. Taylor for any sort of preliminary relief, including a motion under G.L. c. 184, sec. 15(b), for endorsement of the "Memorandum of Lis Pendens" that Ms. Taylor filed on June 20, 2023. If Ms. Taylor believes she's filed materials that don't appear on the docket of this case, the Court ORDERS Ms. Taylor to contact the Sessions Clerk immediately about that problem. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Morjieta K Derisier, Esq. [email protected] Defendant: Derrick Fernandes, Jr., Esq. [email protected] Sent On: 06/27/2023 15:41:00
  15. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 07/14/2023 Time: 11:30 AM
  16. The Court has received Ms. Taylor's motion for a preliminary injunction. The Court ORDERS the defendant to file by July 12, 2023, any opposition to the motion. The Court ORDERS the parties to appear for a hearing on the motion at the July 14, 2023, case-management conference. The Court further ORDERS Ms. Taylor to show cause in writing by July 12, 2023, why she failed to comply with this Court's order of June 27, 2023, concerning what appears to be an erroneous caption in the complaint as well as in the motion for preliminary injunction. The Court WARNS Ms. Taylor that her failure to comply with this Order may result in dismissal of this case without prejudice. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  17. Motion to Dismiss Pursuant to Mass. R. Civ.P. 12(b)(6), filed.
  18. Statement of Correction/Motion to Amend Captcha Heading, filed.
  19. Second Amended Verified Complaint, filed.
  20. Counsel Affidavit in Support of Statement of Correction/Motion to Amend Captcha Heading, filed.
  21. The Court has received Ms. Taylor's submissions regarding the caption of this case. The Court DIRECTS the Sessions Clerk to indicate on the docket and MassCourts that the defendant's name is Kenneth L. Jones, and not Kenneth L. Jacobs. The Court also has received Mr. Jones's motion to dismiss. The Court will discuss at the case-management conference and hearing on July 14, 2023, the deadline for Ms. Taylor's opposition to the motion. The Court ADVISES the parties that their joint case-management conference report is late, and that this Court does not take violations of its deadlines lightly. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Morjieta K Derisier, Esq. [email protected] Defendant: Derrick Fernandes, Jr., Esq. [email protected] Sent On: 07/10/2023 12:57:40
  22. Plaintiff's Case Management Conference Memorandum, filed.
  23. Case Management Conference Joint Statement, filed.
  24. Plaintiff's Consolidated Opposition & Memorandum in Opposition to Defendant's Special Motion to Dismiss Pursuant to M.G.L.C. 184 § 15(C), filed.
  25. Third Amended Verified Complaint, filed.
  26. Motion to Third Amend Verified Complaint to First Amend Memorandum of Lis Pendens and First Amended Motion for Preliminary Injunction, filed.
  27. Plaintiff's First Amended Motion for a Preliminary Injunction, filed.
  28. Opposition to Plaintiff's Motion to Third Amend Verified Complaint, to First Amend Memorandum of Lis Pendens and First Amend Motion for Preliminary Injunction, filed.
  29. Affidavit of Kenneth L. Jones, filed.
  30. The Court has received Ms. Taylor's motion for leave to file a third amended verified complaint and to amend various other pleadings and motions. The Court also has received Mr. Jones's opposition to the motion. The Court will hear the motion at the previously scheduled case-management conference and motions hearing (11:30 AM on July 14, 2023). The filing of Ms. Taylor's latest motion does not obviate the parties from complying with the Court's existing filing deadlines. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Morjieta K Derisier, Esq. [email protected] Defendant: Derrick Fernandes, Jr., Esq. [email protected] Sent On: 07/13/2023 10:39:34
  31. Opposition, filed.
  32. Event Resulted: Case Management Conference scheduled on: 07/14/2023 11:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  33. Event Resulted: Hearing scheduled on: 07/14/2023 11:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  34. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  35. Telephonic case management conference, initial intervention event, and hearing on the parties' motions held. Both parties appeared through counsel. Ms. Taylor claims that she is entitled to specific performance of a purchase and sale agreement she entered into with Mr. Jones. Mr. Jones argues that he signed the agreement under duress and/or undue influence, and that the P&S lapsed according to its terms without extension. For the reasons stated on the record, the Court: (A) GRANTS Ms. Taylor's motion for leave to file her third amended verified complaint; (B) DENIES Ms. Taylor's motion to amend any previously-filed motions; (C) GRANTS Ms. Taylor's oral motion for endorsement of a memorandum of lis pendens; (D) DENIES as moot Mr. Jones's special motion to dismiss Ms. Taylor's first amended complaint; (E) DENIES Mr. Jones's motion to dismiss the third amended complaint; and (F) GRANTS in part Ms. Taylor's oral motion for a preliminary injunction, but only to the extent set forth later in this order. Pursuant to Rule 65(b)(2), the Court ADVANCES this case for trial. The Court ORDERS Mr. Jones to file by July 21, 2023, his answer and any counterclaims. The Court ORDERS the parties to disclose to each other by July 28, 2023, their trial witnesses. The Court ORDERS the parties to appear by videoconference for a final pre-trial conference on August 15, 2023, at 3:00 PM. The Court ORDERS the parties to appear for trial at the Land Court on August 21, 2023, August 22, 2023, and August 24, 2023. A separate notice of videoconference will issue for the final pre-trial conference, and a separate order in advance of trial will issue for the trial. Until the conclusion of that trial or further order of the Court, the Court ENJOINS Mr. Jones, his agents, servants, employees, and attorneys, and anyone in active concert or participation with Mr. Jones who receives notice of this Order, from selling, transferring, conveying, or encumbering 48 George Street and/or 0 Andria Road in Hyde Park, MA, as further described in a deed dated February 24, 2005, recorded at the Suffolk County Registry of Deeds I Book 37777, page 273. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Morjieta K Derisier, Esq. [email protected] Defendant: Derrick Fernandes, Jr., Esq. [email protected] Sent On: 07/14/2023 16:52:30
  36. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 08/15/2023 Time: 03:00 PM
  37. Scheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 08/21/2023 Time: 09:30 AM
  38. Scheduled Judge: Vhay, Hon. Michael D. Event: Ongoing Trial Date: 08/22/2023 Time: 09:30 AM
  39. Scheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 08/24/2023 Time: 09:30 AM
  40. Endorsed Lis Pendens Memorandum issued by the Court. Notice of Endorsement sent to counsel of record by email.
  41. Order in Advance of Trial, issued. (Copies emailed to Morjieta K Derisier, Esq. and Derrick Fernandes, Jr., Esq.) Judge: Vhay, Hon. Michael D.
  42. Defendant's Answer, Defenses, and Counterclaims to Plaintiff's Third Amended Complaint, filed.
  43. The Court has reviewed Mr. Jones's counterclaims. His second counterclaim, for negligent damage to his property, is outside of the Land Court's subject-matter jurisdiction. The Court thus SEVERS Counterclaim II from the trial that's scheduled for August 2023. The Court ORDERS Mr. Jones to file by July 28, 2023, whether he wishes to dismiss Counterclaim II without prejudice to his refiling it in Superior Court, or have this Court request transfer of the Counterclaim to Superior Court. Should Mr. Jones opt for the latter, he must state whether he wants Justice Vhay appointed as a justice of the Superior Court to hear Counterclaim II. This Order is without prejudice to Mr. Jones's right to seek transfer of the entire case to the Superior Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Morjieta K Derisier, Esq. [email protected] Defendant: Derrick Fernandes, Jr., Esq. [email protected] Sent On: 07/21/2023 14:20:24
  44. Defendant's Response to Docket Entry Dated July 21, 2023 Regarding Counterclaim II, filed.
  45. The Court has received Mr. Jones's response to the Court's July 21, 2023 order. The Court treats the response as a voluntary dismissal of Counterclaim II, without prejudice, since Ms. Taylor hasn't answered that Counterclaim. See Rule 41(c), Mass. R. Civ. P. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Morjieta K Derisier, Esq. [email protected] Defendant: Derrick Fernandes, Jr., Esq. [email protected] Sent On: 07/28/2023 08:18:50
  46. Defendant's Trial Witness List, filed.
  47. Plaintiff's Witness List, filed.
  48. Motion in Limine, filed.
  49. Motion in Limine, filed.
  50. Plaintiff's Answer to Counterclaim, filed.
  51. Joint Pre-Trial Memorandum, filed.
  52. Event Resulted: Pre-Trial Conference scheduled on: 08/15/2023 03:00 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  53. Final pre-trial videoconference held. Both parties appeared through counsel. The parties agree that two issues remain for trial: (1) whether an Exhibit to Ms. Taylor's Third Amended Verified Complaint extended any of the P&S's deadlines for the parties to perform under the P&S; and (2) if so, whether Ms. Taylor is entitled to specific performance. After hearing arguments from the parties on Mr. Jones' motions in limine, the Court: (1) over Ms. Taylor's objection, GRANTS the motion in limine with respect to the "clean" set of Lendwise documents, without prejudice to Ms. Taylor's ability to move at trial for admission of other Lendwise documents; and (2) without objection, GRANTS the motion in limine with respect to the PowerTPO records. Mr. Jones moved to postpone the trial and for leave to file a motion for summary judgment; the Court DENIES that motion, finding there are disputes of fact that make summary judgment inappropriate on this record. This order is without prejudice to Mr. Jones's ability to make case-dispositive motions during trial. Mr. Jones stated he will no longer be calling Tiffany King or Debra Thompson as witnesses, while Ms. Taylor stated she still plans to call all six witnesses she listed in the joint pre-trial memorandum. The Court ORDERS the parties to appear on Monday, August 21, 2023 at 9:30 AM at the Land Court in Boston for the first day of trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Morjieta K Derisier, Esq. [email protected] Defendant: Derrick Fernandes, Jr., Esq. [email protected] Sent On: 08/16/2023 08:10:17
  54. Defendant's Brief in Advance of Trial, filed.
  55. Exhibit Binders Received.
  56. Plaintiff's Pre-Trial Memorandum of Law, filed.
  57. Event Resulted: Trial scheduled on: 08/21/2023 09:30 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  58. Event Resulted: Ongoing Trial scheduled on: 08/22/2023 09:30 AM Has been: Held - Trial Ends Hon. Michael D. Vhay, Presiding

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