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Case Information
Filed
2023-06-22
Status
Open
Type
Miscellaneous|Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1 (k)
Docket
28 entries
Parties
Plaintiff
Litchfield, Andrew
Defendant
Gumes, Valerie C.|English, Tonya C.
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 441953 Date: 06/22/2023
- Land Court surcharge Receipt: 441953 Date: 06/22/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Plaintiff's Ex Parte Motion for Special Process Server, filed and ALLOWED. Counsel handed copy. Judge: Patterson, Deborah J.
- Plaintiff's, Andrew Litchfield's Ex Parte Motion for Approval of A Memorandum of Lis Pendens, filed.
- Plaintiff's Ex Parte Motion for a Temporary Restraining Order and Application for a Preliminary Injunction, filed.
- Plaintiff's Memorandum of Law in Support of his Ex Parte Motion for a Temporary Restraining Order and Application for a Preliminary Injunction, filed.
- Affidavit of Tonya C. English, Personal Representative of the Estate of Sheryl Renne Dailey, Submitted in Support of Plaintiff's Ex Parte Motion for a Temporary Restraining Order and Application for a Preliminary Injunction, filed.
- Plaintiff's Ex Parte Motion for a Short Order of Notice, filed and ALLOWED. Hearing on the Temporary Restraining Order and Application for Preliminary Injunction along with the Motion for Lis Pendens will be heard on June 28, 2023 at 3:15 pm. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- Summons and Hearing Notice issued on Application for Preliminary Injunction and Lis Pendens. Judge: Rubin, Hon. Diane R. Event: Hearing on Preliminary Injunction and Lis Pendens Date: 06/28/2023 Time: 03:15 PM
- Scheduled Judge: Rubin, Hon. Diane R. Event: Temporary Restraining Order Date: 06/28/2023 Time: 03:15 PM
- Appearance of Laura L Fitzgerald, Esq. for Andrew Litchfield, filed
- Defendant's Ex-Parte Motion for Instructions, filed.
- Proposed Order, filed.
- Acceptance of Service on behalf of Defendant Valerie Gumes, filed.
- Event Resulted: Hearing on Preliminary Injunction and Lis Pendens scheduled on: 06/28/2023 03:15 PM Has been: Hearing held via videoconference. Attorney Laura Fitzgerald appeared on behalf of plaintiff, who was present, and Attorney Brian Connell appeared on behalf of defendant Valerie Gumes, who was present. Rule 19 Party Tonya English and Dr. Cleopatra Knight-Wilkins also attended. Before the court were Plaintiff's, Andrew Litchfield's Ex Parte Motion for Approval of A Memorandum of Lis Pendens, Plaintiff's Ex Parte Motion for a Temporary Restraining Order and Application for a Preliminary Injunction and Memorandum in support thereof, Affidavit of Tonya C. English, and Defendant's Ex-Parte Motion for Instructions. By way of background, at issue is a purchase and sale agreement entered into by Plaintiff to purchase the property at 44 Guild Street, Boston (the "Property") from Defendant Valerie Gumes and Rule 19 Party Tonya English, Personal Representative of the Estate of Sheryl Renne Dailey. Plaintiff now seeks specific performance of that purchase and sale agreement, alleging that he is ready, willing, and able to close on the Property, but that Ms. Gumes, through counsel, has asserted that she is mentally incompetent and has refused to convey her interest in the Property. Following colloquy and with no objection from Attorney Connell, court ALLOWED Plaintiff's, Andrew Litchfield's Ex Parte Motion for Approval of A Memorandum of Lis Pendens, with court to issue an Endorsement of Memorandum of Lis Pendens. Court then DENIED Plaintiff's Ex Parte Motion for a Temporary Restraining Order and Application for a Preliminary Injunction, for the reasons articulated on the record and as follows. A preliminary injunction may issue only if the moving party demonstrates (a) a likelihood of success on the merits, (b) that it faces a substantial risk of irreparable harm if the injunction is not issued, and (c) that this risk of irreparable harm outweighs any risk of irreparable harm which granting the injunction would create for the defendant. Garcia v. Department of Hous. and Community Dev., 480 Mass. 736, 747 (2018); GTE Products Corp. v. Stewart, 414 Mass. 721, 722-724 (1993); Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 617 (1980). At this early stage of these proceedings, and based on the record before the court, I cannot conclude that there is a likelihood of success on the merits. Ms. Gumes's competency is an important issue which must be resolved, and I am not convinced there is a strong showing of competence in the record before me. The exhibits to the Affidavit of Tonya C. English show a lack of remembrance on Ms. Gumes's part, and Ms. English was admittedly not present for many of the events related to the signing of the purchase and sale agreement by Ms. Gumes. I also note that the motion for endorsement of memorandum of lis pendens has been allowed, such that there will be protection for the Property and for plaintiff. Court then discussed with Attorney Connell the Defendant's Ex-Parte Motion for Instructions, and Attorney Connell advised that Ms. Gumes has a doctor's appointment scheduled to assess competency and that he is seeking appointment of a conservator in the Suffolk Probate and Family Court. Attorney Connell to file by July 10, 2023, a status report as to the issue of Ms. Gumes' competency. Status conference scheduled for July 17, 2023, at 10:45 A.M., with Ms. Gumes's obligation to file a responsive pleading STAYED until such time. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Event Resulted: Temporary Restraining Order scheduled on: 06/28/2023 03:15 PM Has been: Hearing held via videoconference. Full outcome in the below entry. Hon. Diane R. Rubin, Presiding
- Judicial Endorsement of Memorandum of Lis Pendens (G.L. c. 184, § 15) issued. (Copies emailed to Attorneys Laura Fitzgerald, Ryan Siden, and Brian Connell, and in hand to Attorney Fitzgerald) Judge: Rubin, Hon. Diane R.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 07/17/2023 Time: 10:45 AM
- Motion to File for Impoundment of Medical Certificate and Clinical Notes, filed.
- Status Report as to the Competency of Valerie C. Gumes, Defendant, filed.
- Plaintiff's Limited Opposition to Motion for Impoundment, filed.
- Event Resulted: Status Conference scheduled on: 07/17/2023 10:45 AM Has been: Status conference held via videoconference. Attorney Ryan Siden appeared on behalf of plaintiff, who was present, and Attorney Brian Connell appeared on behalf of defendant Valerie Gumes, who was present along with her sister Melissa Thomas. Rule 19 Party Tonya English and Dr. Cleopatra Knight-Wilkins also attended. Court is in receipt of Status Report as to the Competency of Valerie C. Gumes, Defendant; Motion to File for Impoundment of Medical Certificate and Clinical Notes; and Plaintiff's Limited Opposition to Motion for Impoundment. Attorney Connell advised that based on the medical assessment of Ms. Gumes, which indicates cognitive impairment, her sister Ms. Thomas has retained counsel and is working to file a request for conservatorship in the probate court so that she may serve as Ms. Gumes's conservator. In light of this, court further STAYED the case, until such time as a conservator is appointed or the request is denied. Court then ALLOWED the Motion to File for Impoundment of Medical Certificate and Clinical Notes, with an Order of Impoundment to Issue. With the agreement of counsel, all medical information to be impounded and accessed only by the parties, their counsel, and any retained experts, subject to the Order of Impoundment. Status conference scheduled for September 7, 2023, at 11:00 A.M., with parties to file a joint status report by August 31, 2023. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 09/07/2023 Time: 11:00 AM
- Order of Impoundment, issued. (Copies emailed to Laura Fitzgerald, Esq., Ryan Siden, Esq. and Brian Connell, Esq.) Judge: Rubin, Hon. Diane R.
- Order Pursuant to Uniform Rules on Impoundment Procedure, Rule 8, issued. (Copies emailed to Laura Fitzgerald, Esq., Ryan Siden, Esq. and Brian Connell, Esq.) Judge: Rubin, Hon. Diane R.
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