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Case Information
Filed
2023-05-25
Status
Closed
Type
Miscellaneous|Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1 (k)
Docket
27 entries
Parties
Plaintiff
Kristine M. Boyle, As|Lynch, Leigh A.|Boyle, Kristine M.|Mc Laughlin, Beth D.|Mc Laughlin, Robert E.
Defendant
Mc Laughlin, Walter K.
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 441329 Date: 05/25/2023
- Land Court surcharge Receipt: 441329 Date: 05/25/2023
- Land Court summons Receipt: 441329 Date: 05/25/2023
- Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Smith, Hon. Kevin T. Event: Hearing on Preliminary Injunction Date: 06/08/2023 Time: 11:00 AM
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Motion for a Preliminary Injunction, filed.
- Appearance of Bart W Heemskerk, Esq. for Walter K. McLaughlin, filed
- Plaintiff's Verified Memorandum In Support of Motion for Preliminary Injunction, filed.
- Event Resulted: Hearing on Preliminary Injunction scheduled on: 06/08/2023 11:00 AM Has been: Rescheduled Hon. Kevin T. Smith, Presiding
- Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Smith, Hon. Kevin T. Event: Hearing on Preliminary Injunction VIA ZOOM Date: 06/15/2023 Time: 09:00 AM Email notice to: Attorney Robert E. McLaughlin and Attorney Bart W. Heemskerk.
- Summons returned to Court with service on Walter K. McLaughlin filed. 06/05/2023: Service Accepted by Attorney Bart Heemskerk.
- Plaintiffs' Memorandum in Opposition to Defendant's Motion to Disqualify Counsel, filed.
- Affidavit of Counsel, filed.
- Amendment to Verified Complaint as a Matter of Course, filed.
- Verified Motion to Strike, filed.
- Defendant Walter K. McLaughlin's Opposition to Plaintiffs Motion for Preliminary Injunction, filed.
- Affidavit of Walter K. McLaughlin, filed.
- Defendant Walter K. McLaughlin's Motion to Disqualify Robert E. McLaughlin, Sr. and Gilman, McLaughlin & Hanrahan LLP Emergency, filed.
- Event Resulted: Hearing on Preliminary Injunction scheduled on: 06/15/2023 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding June 15, 2023. Motion hearing held via videoconference. Attorney Robert McLaughlin appeared for the plaintiffs. Attorney Bart Heemskerk appeared for the defendants. Before the court were plaintiffs' motion for preliminary injunction, defendant's opposition to preliminary injunction, defendant's emergency motion to disqualify counsel, and plaintiffs' opposition to the motion to disqualify. The defendant's opposition included a challenge to the jurisdiction of the Land Court due to the partnership and nominee trust at the center of this case. Defendant argues that the Land Court is without jurisdiction because the complaint asks the court to interpret a partnership agreement. Plaintiffs argue that, although the partnership agreement is at the center of the dispute, the agreement itself pertains to and affects a right or title in real property, and therefore jurisdiction is proper in the Land Court. Following argument, the defendant indicated intent to file a motion to dismiss on jurisdictional grounds. Defendant's motion to dismiss should be filed with the court no later than Tuesday, June 20, 2023. Plaintiffs' opposition will be due on June 30, 2023. The court will rule on the motion promptly. Should the court deny the motion to dismiss, the court will revisit the plaintiffs' motion for preliminary injunction at that time. (Smith, J.).
- Defendant Walter K. McLaughlin's Motion to Dismiss for Lack of Subject Matter Jurisdiction MASS.R.VIV.P 12(b)(1), filed.
- Defendant Walter K. McLaughlin's Memorandum of Law in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction MASS.R.CIV.P 12(b)(1) or for Transfer to Superior Court, filed.
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert E McLaughlin, Esq. [email protected] Defendant: Bart W Heemskerk, Esq. [email protected] Sent On: 06/21/2023 09:23:00
- Plaintiff's Opposition to Defendant's Motion to Dismiss, filed.
- Decision on Defendant's Motion to Dismiss, issued. (Copies emailed to Attorneys Robert McLaughlin and Bart Heemskerk) Judge: Smith, Hon. Kevin T.
- Judgment. (Copies emailed to Attorneys Robert McLaughlin and Bart Heemskerk) Judge: Smith, Hon. Kevin T.
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