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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-15
Status Open
Type Environmental
Docket 49 entries

Parties

Plaintiff Sulham, Brent
Defendant Heyes, Fred L

Lawyers

Docket Entries

  1. Civil action cover sheet filed.
  2. Complaint electronically filed.
  3. Case assigned to: DCM Track F - Fast Track was added on 03/15/2023
  4. Attorney appearance On this date George L Goodridge, Esq. added as Private Counsel for Defendant Fred L Heyes
  5. Service Returned for Defendant Heyes, Fred L: Service made at last and usual;
  6. Rule 9A list of documents filed.
  7. Rule 9A notice of filing
  8. Affidavit of compliance with Superior Court Rule 9A and opposition Applies To: Goodridge, Esq., George L (Attorney) on behalf of Heyes, Fred L (Defendant)
  9. Defendant Fred L Heyes's Motion to dismiss all counts pursuant to MRCP 12(b) Applies To: Goodridge, Esq., George L (Attorney) on behalf of Heyes, Fred L (Defendant)
  10. Fred L Heyes's Memorandum in support of motion to dismiss pursuant to rule 12(b)(6)
  11. Opposition to to defendant's motion to dismiss filed by Brent Sulham
  12. Brent Sulham's Memorandum in support of his opposition to defendant's motion to dismiss
  13. Plaintiff Brent Sulham's Motion to appear via zoom.
  14. Endorsement on Motion to appear via zoom (#10.0): ALLOWED
  15. Matter taken under advisement: Motion Hearing scheduled on: 06/09/2023 02:00 PM Has been: Held - Under advisement Comments: The Court heard from the parties in support of each respective position. After hearing, the Court took the matter under-advisement. (Simanski, FTR, FC Ct Rm 4). Hon. David Hodge, Presiding
  16. MEMORANDUM & ORDER: It is hereby ORDERED that the defendant's motion to dismiss is DENIED as to Count 1(nuisance) and ALLOWED as to Count 2 (trespass). Judge: Hodge, Hon. David
  17. Received from Defendant Heyes, Fred L: Answer to original complaint;
  18. Plaintiff Brent Sulham's Motion to appear via zoom - ALLOWED
  19. Brent Sulham, Fred L Heyes's JointMemorandum pretrial
  20. Event Result:: Pre-Trial Conference scheduled on: 12/08/2023 02:00 PM Has been: Held via Video/Phone Comments: The Court set the following schedule: Discovery - 04/30/2024; Expert Disclosure - 05/31/2024; Serve Summary Judgment Motions - 07/01/2024; Summary Judgment Motion Hearing - 10/09/2024; FTC/FPTC - 11/04/2024; and Trial - 11/18/2024. (Simanski, FTR, FCCtRM 4, Hybrid). Hon. Karen Goodwin, Presiding
  21. Scheduled: Judge: Callan, Hon. Michael K Event: Jury Trial Date: 11/18/2024 Time: 09:00 AM
  22. Plaintiff Brent Sulham's Notice of list of documents
  23. Affidavit of compliance
  24. Plaintiff Brent Sulham's Motion for allowance of real estate attachment with affidavit
  25. Opposition to plaintiff's motion for real estate attachment filed by Fred L Heyes
  26. Plaintiff Brent Sulham's Notice of filing
  27. Rule 9A list of documents filed. Applies To: Sulham, Brent (Plaintiff)
  28. Plaintiff Brent Sulham's Motion for leave to file amended complaint
  29. Opposition to plaintiff's motion for leave to file amended complaint (#21) filed by Fred L Heyes
  30. Affidavit of compliance with Superior Court Rule 9A Applies To: Sulham, Brent (Plaintiff)
  31. Rule 9A notice of filing Applies To: Sulham, Brent (Plaintiff)
  32. Rule 9A list of documents filed.
  33. Defendant Fred L Heyes's Rule 9A Index of Exhibits
  34. Rule 9A notice of filing
  35. Affidavit of compliance with Superior Court Rule 9A Applies To: Goodridge, Esq., George L (Attorney) on behalf of Heyes, Fred L (Defendant)
  36. Affidavit of George L. Goodridge Applies To: Goodridge, Esq., George L (Attorney) on behalf of Heyes, Fred L (Defendant)
  37. Defendant Fred L Heyes's Motion for summary judgment, MRCP 56
  38. Fred L Heyes's Memorandum in support of motion for summary judgment
  39. Statement of Undisputed Facts
  40. Opposition to Defendants' motion for summary judgment filed by Brent Sulham
  41. Event Result:: Hearing for Real Estate Attachment scheduled on: 10/09/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Michael K Callan, Presiding
  42. Event Result:: Rule 56 Hearing scheduled on: 10/09/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Comments: parties to pick new dates at motion hearing on 10/09 Hon. Michael K Callan, Presiding
  43. Event Result:: Motion Hearing to Amend Complaint scheduled on: 08/19/2024 02:00 PM Has been: Held as Scheduled Comments: Attorney Dan Solomon appeared on behalf of Attorney Mann. The Court heard from the parties in support of each respective position. After hearing, the Court DENIED the plaintiff's motion without prejudice. All other dates remain intact; however, the parties may seek to delay the trial date due to the current summary judgment schedule. ( Simanski, FTR, FCCtRm 4). Hon. John A Agostini, Presiding
  44. Endorsement on Motion to amend the complaint (#21.0): DENIED without prejudice
  45. Plaintiff Brent Sulham's Motion to continue / reschedule an event 10/09/2024 02:00 PM Rule 56 Hearing
  46. Endorsement on Motion to continue / reschedule an event (#31.0): ALLOWED
  47. Event Result:: Rule 56 Hearing scheduled on: 10/09/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Michael K Callan, Presiding
  48. Event Result:: Hearing for Real Estate Attachment scheduled on: 10/09/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Michael K Callan, Presiding
  49. Matter taken under advisement: Rule 56 Hearing scheduled on: 10/22/2024 02:00 PM Has been: Held - Under advisement Comments: The parties appeared before the Court for the previously scheduled RE Att/56. The Court heard from the parties in support of each respective position. After hearing, the Court took the matter under-advisement. (Simanski, FTR, FCCtRm 4, Hybrid). Hon. Michael K Callan, Presiding

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