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Case Information

Filed 2022-03-17
Status Open
Type Equitable Remedies|Specific Performance Of A Contract
Docket 35 entries

Parties

Plaintiff Patsios, Charles|Delphi Realty, Llc
Defendant Lombardi, Michael|78 Barnum Road, Llc

Lawyers

Docket Entries

  1. Attorney appearance On this date Webb F Primason, Esq. added for Plaintiff Charles Patsios
  2. Attorney appearance On this date Webb F Primason, Esq. added for Plaintiff Delphi Realty, LLC
  3. Case assigned to: DCM Track A - Average was added on 03/17/2022
  4. Verified Complaint
  5. Civil action cover sheet filed.
  6. Plaintiffs(s) Charles Patsios, Delphi Realty, LLC's EMERGENCY Motion for a Memorandum of Lis Pendens
  7. Endorsement on Motion for a Memorandum of Lis Pendens (#3.0): DENIED 3/17/22 The request for ex parte relief is DENIED as the plaintiffs have failed to sustain their burden for such relief. See G.L.C. 184, section 15 (b). Short Order Notice shall issue.
  8. Summons and order of notice issued on a Motion for a Memorandum of Lis Pendens , returnable on 03/24/2022 02:30 PM Hearing for Lis Pendens. Applies To: Lombardi, Michael (Defendant); 78 Barnum Road, LLC (Defendant)
  9. Opposition to Plaintiffs request for endorsement of memorandum of Lis Pendens and request to continue Hearing filed by Michael Lombardi, 78 Barnum Road, LLC
  10. Michael Lombardi, 78 Barnum Road, LLC's Memorandum in support of opposition to plaintiffs request for endorsement of memorandum of Lis Pendens
  11. Attorney appearance On this date Mark Taylor Rumson, Esq. added for Defendant Michael Lombardi
  12. Attorney appearance On this date Mark Taylor Rumson, Esq. added for Defendant 78 Barnum Road, LLC
  13. Matter taken under advisement: Hearing for Lis Pendens scheduled on: 03/24/2022 02:30 PM Has been: Held - Under advisement Comments: Held Via Zoom 11:01:29-11:15:34 Newburyport Courtroom 1 FTR Hon. Kathleen McCarthy-Neyman, Presiding Staff: Sessions Clerk Jaimie Essigmann
  14. Service Returned for 3/22/22 at 10:56am Defendant Lombardi, Michael: Service made at last and usual place of abode at 9 Pequot Way Canton, MA 02021.
  15. Service Returned for 3/22/22 at 10:55am Defendant 78 Barnum Road, LLC: Service made at last and usual place of business at 9 Pequot Way Canton, MA 02021
  16. Endorsement on Request for memorandum of Lis Pendens (#1.0): DENIED 3/24/22 After hearing the request for Memorandum of Lis Pendens is DENIED. The plaintiff failed to include all material facts i.e., that the plaintiff would be unable to get a loan or financing to purchase the property. See affidavit of Michael Lombardi at paragraph 14. G L. ch. 184 section 15(b). Judge: McCarthy-Neyman, Hon. Kathleen
  17. Docket Note: Spoke with Attorney Primason and his office will forward the original summons'
  18. Short Order of Notice, returned SERVED 3/22/22 at 10:55AM by leaving at the last and usual place of business of 78 Barnum Road, LLC, 9 Pequot Way Canton, MA 02021. Applies To: 78 Barnum Road, LLC (Defendant)
  19. Short Order of Notice, returned SERVED 3/22/22 at 10:56 AM by leaving at the last and usual place of business of 78 Barnum Road, LLC, 9 Pequot Way Canton, MA 02021. Applies To: Lombardi, Michael (Defendant)
  20. Answer to original complaint Applies To: Lombardi, Michael (Defendant); 78 Barnum Road, LLC (Defendant)
  21. Attorney appearance On this date Jonathon David Friedmann, Esq. added for Defendant Michael Lombardi
  22. Attorney appearance On this date Jonathon David Friedmann, Esq. added for Defendant 78 Barnum Road, LLC
  23. Counterclaim filed. Applies To: Patsios, Charles (Defendant); Delphi Realty, LLC (Defendant); Lombardi, Michael (Plaintiff); 78 Barnum Road, LLC (Plaintiff)
  24. Received from Defendant Patsios, Charles: Answer to the Counterclaim;
  25. Received from Defendant Delphi Realty, LLC: Answer to the Counterclaim;
  26. Plaintiff Charles Patsios, Delphi Realty, LLC's Motion for reconsideration of denial of endorsement of memorandum of Lis Pendens
  27. Affidavit of Charles Patsios in Support of Motion for reconsideration of denial of endorsement of memorandum of Lis Pendens
  28. Opposition to Plaintiffs Motion for reconsideration of Denial of Endorsement of memorandum lis pendens filed by Michael Lombardi, 78 Barnum Road, LLC
  29. Charles Patsios, Delphi Realty, LLC's Memorandum in support of Motion for reconsideration of denial of endorsement of memorandum of Lis Pendens
  30. The following form was generated: Notice to Appear Sent On: 05/02/2022 08:27:17
  31. Event Result:: Motion Hearing for Reconsideration scheduled on: 05/04/2022 12:00 PM Has been: Held as Scheduled Comments: FTR 12:11:36 Courtroom 3 Lawrence Hon. Kathleen McCarthy-Neyman, Presiding Staff: Dawn Mansfield, Sessions Clerk
  32. MEMORANDUM & ORDER: Decision and Order on Motion to Reconsider Denial of Endorsement of Memorandum of Lis Pendens (Paper No. 12) and Plaintiff's Request for a Memorandum of Lis Pendens (Paper No. 5) ORDER 1. For the above reasons, the plaintiffs Motion to Reconsider (Paper No. 12) is Allowed and the Motion for Endorsement of Lis Pendens (Paper No. 5) is also Allowed. Judge: McCarthy-Neyman, Hon. Kathleen
  33. Memorandum of Lis Pendens issued Judge: McCarthy-Neyman, Hon. Kathleen Applies To: Patsios, Charles (Plaintiff)
  34. Attorney appearance On this date Casey A Sack, Esq. added for Defendant Michael Lombardi
  35. Attorney appearance On this date Casey A Sack, Esq. added for Defendant 78 Barnum Road, LLC

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