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Case Information

Filed 2023-01-11
Status Open
Type Mergers, Consolidations, Sales Of Assests, Issuance Of Debt, Equity, Etc.
Docket 233 entries

Parties

Plaintiff Milanoski, Michael R.|Dewaele, Iii, John P.
Defendant Delli Priscoli, Jon

Docket Entries

  1. vent Result:: Rule 56 Hearing scheduled on: 03/20/2025 02:00 PM Has been: Canceled For the following reason: Case Settled Hon. Kenneth W Salinger, Presiding Staff: Erin Coronado, Assistant Clerk Magistrate Copied from linked case: 2384CV02141
  2. ivil action cover sheet filed.
  3. laintiff Michael R. Milanoski's Motion for Preliminary Injunction
  4. ichael R. Milanoski, John P. Dewaele, III's Memorandum in support of Request for Injunctive Relief
  5. ndorsement on Motion for Preliminary Injunction (#3.0): Other action taken A response to this motion to be filed with the Court no later than 1/31/23. (dated 1/12/2023) notice sent via email 1/19/2022
  6. eneral correspondence regarding NOTICE OF ACCEPTANCE INTO BUSINESS LITIGATION SESSION "BLS2" This matter has been accepted into the Suffolk Business Litigation Session. It has been assigned to BLS2. Dated: January 12, 2023 Notice sent 1/18/23 (See P#5 for complete notice) Judge: Salinger, Hon. Kenneth W
  7. he following form was generated: Notice to Appear Sent On: 01/24/2023 09:35:42
  8. he following form was generated: Notice to Appear Sent On: 01/24/2023 09:45:54
  9. he following form was generated: Notice to Appear Sent On: 01/24/2023 09:46:55
  10. he following form was generated: Notice to Appear Sent On: 01/24/2023 09:48:45
  11. efendant Jon Delli Priscoli's Notice of Motion to Dismiss or Stay
  12. ttorney appearance On this date Timothy P Wickstrom, Esq. added for Defendant Jon Delli Priscoli
  13. ttorney appearance electronically filed.
  14. pposition to Plaintiff's Motion for Preliminary Injunction filed by Jon Delli Priscoli
  15. efendant's Notice of intent to file motion to dismiss or stay Applies To: Delli Priscoli, Jon (Defendant)
  16. ttorney appearance On this date John Francis Welsh, III, Esq. added for Defendant Jon Delli Priscoli
  17. ecision rendered on matter taken under advisement: Hearing on Preliminary Injunction scheduled on: 02/02/2023 02:00 PM Has been: Decision rendered Hon. Kenneth W Salinger, Presiding Staff: Beatriz E Van Meek, Assistant Clerk Magistrate
  18. reliminary Injunction issued for Plaintiff Michael R. Milanoski, John P. Dewaele, III. It is ordered and adjudged that Defendant(s) Jon Delli Priscoli and their various attorneys and agents are: enjoined as set forth in the Order for Preliminary Injunction. (Dated: 2/2/23) (See scanned Order for full text).
  19. ndorsement on Motion for a Preliminary Injunction (#3.0): ALLOWED In Part after Hearing. See Preliminary Injunction.
  20. ervice Returned for Defendant Delli Priscoli, Jon: Service made in hand.
  21. efendant Jon Delli Priscoli's Certificate of Notice of Filing pursuant to Superior Court Rule 9A
  22. efendant Jon Delli Priscoli's Submission of List of Documents
  23. efendant Jon Delli Priscoli's Motion to Dismiss or Stay
  24. pposition to Defendants' Motion to Dismiss or Stay filed by Michael R. Milanoski, John P. Dewaele, III
  25. ule 9A Affidavit Applies To: Welsh, III, Esq., John Francis (Attorney) on behalf of Delli Priscoli, Jon (Defendant)
  26. ule 9C Affidavit Applies To: Welsh, III, Esq., John Francis (Attorney) on behalf of Delli Priscoli, Jon (Defendant)
  27. efendant Jon Delli Priscoli's Request for Hearing
  28. he following form was generated: Notice to Appear Sent On: 03/02/2023 12:19:52
  29. laintiffs Michael R. Milanoski, John P. Dewaele, III's Motion to Continue
  30. RDER: Consolidation Order See page #13 (Dated 5/4/2023) Notice sent via email 5/4/2023
  31. vent Result:: Rule 12 Hearing scheduled on: 05/10/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Plaintiff Hon. Kenneth W Salinger, Presiding Staff: Beatriz E Van Meek, Assistant Clerk Magistrate
  32. ndorsement on Motion to continue (#12.0): ALLOWED (dated 5/05/23) notice sent 5/08/23
  33. ndorsement on Motion to dismiss or stay (#10.0): DENIED DENIED as Moot. Now that these actions have been consolidated for all purposes in Suffolk Superior Court, the arguments raised in this motion are Moot. (Dated 5/8/2023) Notice sent 5/11/2023
  34. on Delli Priscoli's Answer and Counterclaims
  35. efendant John P. Dewaele, III's Notice of Defendant's Motion to Modify Preliminary Injunction and Require Plaintiffs to Pose Adequate Secuity
  36. nswer to the counterclaim and demand for trial by jury Applies To: Milanoski, Michael R. (Plaintiff); Dewaele, III, John P. (Plaintiff)
  37. laintiffs Michael R. Milanoski, John P. Dewaele, III's Certificate of Service
  38. ertificate Of Notice OF Filing Pursuant To Superior Court Rule 9A
  39. ist Of Documents
  40. efendant Jon Delli Priscoli's Motion to Modify Preliminary Injunction And Require Plaintiffs To Post Adequate Security
  41. on Delli Priscoli's Memorandum in support of Motion to Modify Preliminary Injunction And Require Plaintiffs To Post Adequate Security
  42. pposition to Motion to Modify Preliminary Injunction And Require Plaintiffs To Post Adequate Security filed by Michael R. Milanoski, John P. Dewaele, III
  43. eply/Sur-reply In Further Support Of Defendant's Motion to Modify Preliminary Injunction And Require Plaintiffs To Post Adequate Security
  44. ule 9A Affidavit Applies To: Welsh, III, Esq., John Francis (Attorney) on behalf of Delli Priscoli, Jon (Defendant)
  45. ertificate Of Notice Of Filing
  46. efendant Jon Delli Priscoli's Request for Hearing
  47. vent Result:: Motion Hearing scheduled on: 07/13/2023 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Michael D Ricciuti, Presiding
  48. vent Result:: Rule 12 Hearing scheduled on: 07/13/2023 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Michael D Ricciuti, Presiding
  49. efendant Jon Delli Priscoli's EMERGENCY Assented to Motion to Continue
  50. ndorsement on Motion to continue-assented to (#21.0): ALLOWED ALLOWED; to be scheduled for 8/3/2023 @ 2:00 p.m. in person in Courtroom 1017. It should be noted that MassCourts reflects that Notice went out on 5/8/2023. Counsel should confirm that the civil clerks office has the correct mailing address. (Dated 7/12/2023) Notice sent 7/13/23
  51. efendant Grafton & Upton Railroad Company (The)'s Assented to Motion to Continue August 3 Hearing Copied from linked case: 2384CV00958
  52. vent Result:: Rule 12 Hearing scheduled on: 08/03/2023 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Michael D Ricciuti, Presiding
  53. vent Result:: Motion Hearing scheduled on: 08/03/2023 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Michael D Ricciuti, Presiding
  54. ndorsement on Motion to continue August 3 hearing (#18.0): ALLOWED Allowed. (Dated 7/25/23) (Parties notified by email 7/25/23) Clerks Note: Rescheduled to 9/1/23 @2:00 pm)
  55. vent Result:: Rule 12 Hearing scheduled on: 09/01/2023 01:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  56. vent Result:: Motion Hearing scheduled on: 09/01/2023 01:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  57. vent Result:: Rule 12 Hearing scheduled on: 09/01/2023 01:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding Copied from linked case: 2384CV00958
  58. EMORANDUM & ORDER: Order: For the foregoing reasons, Delli Priscoli's motion to modify the injunction is RESERVED PENDING FUTHER PROCEEDINGS. The motion to dismiss brought by Milanoski and DeWaele is DENIED. At the September 11, 2023 hearing, the parties shall be prepared to discuss phasing discovery in this case to focus on whether or not the Dana LOI was terminated and the ROFR is valid. SO ORDERED. (Dated: 9/7/23) Judge: Ricciuti, Hon. Michael D
  59. vent Result:: Conference to Review Status scheduled on: 09/11/2023 02:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  60. ttorney appearance electronically filed.
  61. efendant Jon Delli Priscoli's Submission of Chart of Parties' Positions Concerning Safety - Related Injunction Modifications and Priority Resolution of ROFR-Related Claims
  62. ttorney appearance electronically filed. Copied from linked case: 2384CV00958
  63. efendant Jon Delli Priscoli's Supplemental, Submission of John Delli Priscoli Concerning Safety-Related Injunction Modifications
  64. laintiff Michael R. Milanoski, John P. Dewaele, III's Supplemental, Memorandum for hearing on safety related injunction modifications and priority resolution of ROFR related claims
  65. vent Result:: Motion Hearing scheduled on: 09/21/2023 02:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  66. RDER: After hearing on September 21, 2023, the Court hereby ORDERS as follows: I. Clarification of Preliminary Injunction (Docket No. 8) The preliminary injunction is hereby clarified to permit Delli Priscoli, his agents, employees, attorneys, and other representatives to expand liquid resources in the ordinary course of business of and for the Grafton and Upton Railroad Company. II. Dispute Resolution. Until the hearing on the anticipated summary judgment motions on the ROFR Issue Rule 9A is suspended for resolving all disputes between the parties on any issue that would normally proceed by motion governed by that rule. Instead, the parties shall confer in full compliance with Rule 9C. In the event those efforts fail, the moving party shall submit to the Court and to the opposing parties a one page letter, without attachments, outlining its position on the matter. Within one business day, the opposing party/parties shall submit a one page letter in response to the Court and on the movant, outlining its position on the matter. The Court intends either to rule based on the letters or order hearing or further briefing, as necessary. All such letters shall be filed with the Clerk's Office in the normal course, but a courtesy copy shall be emailed or hand delivered to Courtroom 1017 immediately. III. Schedule for the Safety and Bond Issues. Document Discovery: To be completed by 9/25/23, including but not limited to production by Delli Priscoli of the general ledger and any financial reports on which Mr. Cotter relies in his affidavit and documents reflecting the position of Mutual One and Rockland Trust on providing financing. Depositions: To be completed by 10/6/23. Depositions shall proceed by Zoom unless all parties agree otherwise, last no longer than 1.5 hours, and focus solely on the Safety Issues (the rights of the parties to depose these witnesses later in the case on other issues are preserved). Expert Reports: Delli Priscoli's by 10/6/23, all other parties by 10/13/23. Brief on Safety and Bond Issues 10/20/23; Argument: 10/25/23 at 2 PM. IV. Schedule for ROFR Issue: The parties shall (1) re-confer in light of the Court's narrowed focus on the ROFR Issue, its strong preferences that depositions proceed by Zoom (unless all parties agree otherwise), be limited in time, and that briefing and argument on the expected summary judgment motion(s) be completed by December 22, 2023, and (2) submit by 9/28/23 a revised joint proposal, reflecting all agreements and the parties' separate proposals where there are disagreements, in a form of order that the Court can edit and enter. SO ORDERED. Dated: September 22, 2023
  67. laintiff Michael R. Milanoski, John P. Dewaele, III's EMERGENCY Motion for Production of Documents
  68. pposition to the "Emergency Motion for Production of Documents" filed by Jon Delli Priscoli
  69. eneral correspondence regarding RE: Production of documents Applies To: Zackin, Esq., Martha J (Attorney) on behalf of Delli Priscoli, Jon (Defendant)
  70. ndorsement on Submission of Production of documents (#29.0): Other action taken Production by 9/28 is appropriate. (Dated 9/27/2023) Notice sent 9/28/23
  71. efendant Jon Delli Priscoli's Submission of Letter to the Court RE: Request for Confidentiality Order
  72. roposed Filings/Orders Proposed Discovery Order on Expedited Discovery Relating to Dana Rights of First Refusal
  73. vent Result:: Conference to Review Status scheduled on: 09/28/2023 04:30 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  74. etter to the Court Applies To: Delli Priscoli, Jon (Defendant)
  75. nswer with a counterclaim Copied from linked case: 2384CV02141
  76. efendant Grafton & Upton Railroad Company's Motion for preliminary injunction Copied from linked case: 2384CV02141
  77. rafton & Upton Railroad Company's Memorandum in support of motion for preliminary injunction Copied from linked case: 2384CV02141
  78. ounterclaim filed. Copied from linked case: 2384CV02141
  79. ndorsement on Motion for Production of Documents (#27.0): ALLOWED ALLOWED-in-part- production shall be made by COB 10/4/2023, to the extent any documents remain unproduced. (Dated 10/3/2023) Notice sent 10/6/23
  80. ndorsement on Submission of Letter to the Court RE: Request for Confidentiality Order (#30.0): Other action taken Delli Priscolli is provisionally permitted to produce documents as "Highly Confidential-Attorney's eyes only" pending later review by the Court. (Dated 10/3/2023)
  81. ndorsement on Submission of Letter to the Court (#31.0): Other action taken Production shall be made by COB 10/4/2023 to the extent it remains incomplete (Dated 10/3/2023) Notice sent 10/6/23
  82. RDER: Discovery Order on Expedited Discovery relating to Dana Right of First Refusal (Schedule for Production of documents) See page #32 Any party may produce documents and mark them " Confidential" or "Highly Confidential. Attorneys eyes only." Subject to review by the court. Such documents shall only be used in this litigation and will not be made public without Court Order. SO ORDERED (Dated 10/4/2023) Notice sent 10/6/23
  83. pposition to Defendants' Motion to preliminary injunction (filed in linked case 2384CV02141) filed by Michael R. Milanoski, John P. Dewaele, III
  84. ffidavit of Michael R. Milanoski (filed in linked case 2384CV02141)
  85. ffidavit of John P. Dewaele III (filed in linked case 2384CV02141)
  86. ffidavit of Jon Delli Priscoli
  87. vent Result:: Hearing on Preliminary Injunction scheduled on: 10/11/2023 02:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  88. EMORANDUM & ORDER: ON GRATON & UPTON RAILROAD COMPANY'S MOTION FOR A PRELIMINARY INJUNCTION: ORDER - For the foregoing reasons, the Court ORDERS: 1. Plaintiffs are enjoined from further engaging in business with Synagro Rail, either directly or as it may operate under the name Environmental Protection & Improvement Company (EPIC), related to its transshipment project in the Allston Neighborhood of Boston, Massachusetts; 2. Until February 10, 2025, for Milanoski, and until March 27, 2024, for DeWaele, Plaintiffs are enjoined from: (a) Soliciting or accepting business relating in any manner to competing products or to products, processes, or services from any of the customers or accounts of the Companies and/or in the possession of the Companies. "Competing product" means any product, process, or service (A) which is identical to, substantially the same as, or an adequate substitute for, any product, process, or service of the Companies, in existence or under development, on which Milanoski and/or DeWaele worked during the time of employment with the Companies or about which Milanoski and/or DeWaele acquired confidential information and (B) which is (or could reasonable be anticipated to be) marketed or distributed in such a manner and in such a geographic area as to actually compete with such, product, process or, service of the Companies and/or any of the Companies which they manage; and (b) Either directly or indirectly, soliciting or encouraging any employee or independent contractor or business associate of the Companies to end or diminish in any way his or her employment or other relationship with the Companies or any of the Companies they manage, including by contacting GURR employees with job opportunities with TransloadX. SO ORDERED. Dated: October 16, 2023 (See P#33 for complete decision) Judge: Ricciuti, Hon. Michael D Notice sent 10/18/23 Notice sent 10/18/23
  89. laintiff Michael R. Milanoski's EMERGENCY Motion to Stay Preliminary Injunction Pending Court's Decision on Upcoming Motion for Reconsideration
  90. ndorsement on Motion to Stay Preliminary Injunction Pending Court's Decision on Upcoming Motion for Reconsideration (#34.0): DENIED For failure to comply with Rule 9A(d)(1) (Dated 10/17/2023) Parties notified of endorsement by email 10/17/2023
  91. RDER: FURTHER CONSOLIDATION ORDER: 2384CV00071-BLS2 2384CV00958-BLS2 2384CV02141-BLS2 These three actions concern closely-related issues and disputes. The Court finds that these cases involve common questions of fact and law. In the exercise of its discretion under Mass. R. Civ. P. 42(a), the Court orders that these civil actions be consolidated and treated as a single action for all purposes, including trial as well as all pre-trial and any post-trial matters. This order is without prejudice to any subsequent order that some or all of the claims asserted in these actions should be tried separately. The parties shall use a caption showing all three Suffolk civil action docket numbers on future filings, but must ensure that the title of each filed document appear on the first page. (Kenneth W. Salinger, Justice of the Superior Court) Dated: October 18, 2023 Notice sent 10/23/23
  92. efendant Jon Delli Priscoli's Submission of Letter to Judge RE: Request for Extension
  93. laintiff Michael R. Milanoski, John P. Dewaele, III's Submission of Letter to Judge RE: Response to Defendant's Request Letter
  94. s Copied from linked case: 2384CV02141
  95. ndorsement on Request for Extension (#36.0): ALLOWED (Dated 10/18/2023) Parties notified via email 10/18/2023
  96. nswer to the counterclaim Copied from linked case: 2384CV02141 Applies To: Milanoski, Michael R. (Plaintiff); Dewaele, III, John P. (Plaintiff)
  97. ffidavit filed by Plaintiff John P. Dewaele, III in opposition to Motion for Preliminary Injunction
  98. ffidavit filed by Plaintiff Michael R. Milanoski in opposition to Motion for Preliminary Injunction
  99. ndorsement on Motion to Stay Preliminary Injunction Pending Court's Decision on Upcoming Motion for Reconsideration (#16.0): DENIED Without Prejudice (Dated 10/20/2023) Judge: Ricciuti, Hon. Michael D Copied from linked case: 2384CV02141
  100. laintiffs Michael R. Milanoski, John P. Dewaele, III's Motion for Page Extension
  101. ndorsement on Motion for Page Extension (#41.0): ALLOWED (Dated 10/24/2023) Notice sent 10/30/23
  102. efendant Jon Delli Priscoli's Request for clarification of Court Order dated 10/03/23 P#30
  103. on Delli Priscoli's Memorandum in support of Delli Priscoli's motion to modify the preliminary injunction and to require plaintiffs to post adequate security: Safety and bond issues
  104. ichael R. Milanoski's Memorandum Second Supplemental Memorandum in opposition to Jon Delli Priscoli's request for modification of preliminary injunction.
  105. ndorsement on Request for clarification of Court Order dated 10/03/23 P#30 (#42.0): Other action taken No document identified by a party as confidential may be publicly filed without Court order. (Dated 11/1/23) Notice sent 11/6/23
  106. laintiffs Michael R. Milanoski, John P. Dewaele, III's Request for Continuance
  107. RDER: See paper #46 (Dated 11/3/23) (Notice via email 11/6/23)
  108. roposed Filings/Orders [Proposed] Order
  109. roposed Filings/Orders [Proposed] Order on Delli Priscoli's Motion to Modify the Preliminary Injunction and to Require Plaintiffs to Post Adequate Security
  110. laintiff Michael R. Milanoski's Submission of Letter to Judge RE: Hearing Motion to Modify the Preliminary Injunction and to Require Plaintiffs to Post Adequate Security Endorsement: ALLOWED. Rescheduled for 12/5/23 @2:00 PM In person
  111. efendant Jon Delli Priscoli's Submission of Letter to Court RE: hearing on motion to modify the preliminary injunction
  112. vent Result:: Hearing on Preliminary Injunction scheduled on: 12/05/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. Michael D Ricciuti, Presiding
  113. ndorsement on Submission of Letter to Court RE: hearing on motion to modify the preliminary injunction (#48.0): ALLOWED dated (11/9/23)
  114. vent Result:: Hearing on Preliminary Injunction scheduled on: 11/16/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Michael D Ricciuti, Presiding
  115. vent Result:: Hearing on Preliminary Injunction scheduled on: 11/16/2023 12:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  116. EMORANDUM & ORDER: ORDER: For the foregoing reasons, Delli Priscoli's motion to modify the injunction and to require Plaintiffs to post security is DENIED WITHOUT PREJUDICE. However, to the extent the parties agree to the propriety of, and source of funds for, the Class 1 upgrade reflected in DELLI 00210 attached as Exhibit Y to Plaintiffs' Second Supplemental Memorandum, they may submit a form of order to allow this work to proceed. Further, nothing in the Order or this decision prevents Mr. Delli Priscoli from seeking grants or the like to complete the work he seeks to perform. Plaintiff's motion for attorney's fees is DENIED. (dated: 11/19/23) Judge: Ricciuti, Hon. Michael D Notice sent 11/28/2023.
  117. pposition to Motion for Reconsideration of Preliminary Injunction filed by Grafton & Upton Railroad Company Copied from linked case: 2384CV02141
  118. ttorney appearance electronically filed.
  119. laintiff Michael R Milanoski, John P DeWaele III's Motion for Reconsideration of Decision on Motion for Preliminary Injunction Copied from linked case: 2384CV02141
  120. ichael R Milanoski, John P DeWaele III's Memorandum in support of Motion for Reconsideration of Decision on Motion for Preliminary Injunction Copied from linked case: 2384CV02141
  121. laintiff, Defendant Michael R. Milanoski, John P. Dewaele, III, Jon Delli Priscoli's Joint Motion to Extend Briefing Deadlines and Schedule Hearing Date Copied from linked case: 2384CV00958
  122. efendant Grafton & Upton Railroad Company's Supplement to its Opposition to Reconsideration of Preliminary Injunction
  123. vent Result:: Motion Hearing for Reconsideration scheduled on: 12/05/2023 02:00 PM Has been: Held as Scheduled Comments: Show Cause Hearing scheduled for 12/15/23 Hon. Michael D Ricciuti, Presiding
  124. atter taken under advisement: Motion Hearing for Reconsideration scheduled on: 12/05/2023 02:00 PM Has been: Held - Under advisement Hon. Michael D Ricciuti, Presiding Copied from linked case: 2384CV02141
  125. vent Result:: Motion Hearing scheduled on: 12/15/2023 02:00 PM Has been: Held as Scheduled Hon. Kenneth W Salinger, Presiding Copied from linked case: 2384CV02141
  126. laintiff Letter on Continuance of Evidentiary Hearing Copied from linked case: 2384CV02141
  127. s Copied from linked case: 2384CV00958
  128. eneral correspondence regarding Letter to Judge RE: December 15, 2023 Hearing ALLOWED (Dated 12/8/2023) Judge: Ricciuti, Hon. Michael D Copied from linked case: 2384CV02141
  129. on Delli Priscoli's Memorandum Relating to Dana Railcare's Right of Refusal to Purchase or Operate the Grafton & Upton Railroad
  130. efendant Dana RailCare's Motion for Declaratory Relief Copied from linked case: 2384CV00958
  131. ana RailCare's Memorandum in support of Motion for Declaratory Relief Copied from linked case: 2384CV00958
  132. vent Result:: Motion Hearing for Reconsideration scheduled on: 12/15/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Comments: with evidentiary hearing Hon. Michael D Ricciuti, Presiding Copied from linked case: 2384CV00958
  133. efendants Michael Milanoski, John DeWaele's Motion to Enforce Restated LOI Copied from linked case: 2384CV00958
  134. ichael Milanoski, John DeWaele's Memorandum in support of Motion to Enforce Restated LOI Copied from linked case: 2384CV00958
  135. efendant Grafton & Upton Railroad Company's EMERGENCY Motion to continue / reschedule an event hearing on reconsideration of Preliminary Injunction Order Copied from linked case: 2384CV02141
  136. rafton & Upton Railroad Company (The)'s Memorandum of Law on Right of First Refusal held by Dana Railcar Copied from linked case: 2384CV00958
  137. ndorsement on Motion to to Reschedule Hearing Date (#23.0): ALLOWED (Dated: 12/18/23) Judge: Ricciuti, Hon. Michael D Copied from linked case: 2384CV02141
  138. vent Result:: Motion Hearing for Reconsideration scheduled on: 12/21/2023 02:00 PM Has been: Held as Scheduled Comments: covered by TW Hon. Michael D Ricciuti, Presiding
  139. laintiff Michael R. Milanoski, John P. Dewaele, III's Motion to Enforce Terms of Restated Letter of Intent
  140. ichael R. Milanoski, John P. Dewaele, III's Memorandum in support of Motion to Enforce Terms of Restated Letter of Intent (W/ Exhibits Attached)
  141. vent Result:: Motion Hearing for Reconsideration scheduled on: 01/10/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Michael D Ricciuti, Presiding
  142. efendant Grafton & Upton Railroad Company's Request for Finding of Contempt and issuance of Sanctions Against Michael Milanoski and John DeWaele for Ignoring October 6, 2023 Court Order Copied from linked case: 2384CV02141
  143. atter taken under advisement: Motion Hearing scheduled on: 01/08/2024 02:00 PM Has been: Held - Under advisement Hon. Kenneth W Salinger, Presiding
  144. ecision rendered on matter taken under advisement: Motion Hearing scheduled on: 01/08/2024 02:00 PM Has been: Decision rendered Hon. Kenneth W Salinger, Presiding Copied from linked case: 2384CV00958
  145. RDER: Decision and Order Granting Summary Judgment Upholding Dana Rail Care's Right of First Refusal See p.54 for Full Order. (dated 1/9/2024)
  146. ummary Judgment. It is ORDERED and ADJUDGED:: Judge: Salinger, Hon. Kenneth W Copied from linked case: 2384CV00958
  147. inding by the Court. It is ORDERED and ADJUDGED:: Judge: Salinger, Hon. Kenneth W Copied from linked case: 2384CV00958
  148. ndorsement on Motion to Enforce Terms of Restated Letter of Intent (#52.0): DENIED See Decision and Order (Dated: 1/9/24) Notice sent 01/10/2024. Notice sent 1/11/24
  149. ndorsement on Motion to Enforce Restated LOI (#23.0): DENIED See Decision and Order. (Dated: 1/9/24) Judge: Salinger, Hon. Kenneth W Copied from linked case: 2384CV00958
  150. ndorsement on Motion for Declaratory Relief (#21.0): ALLOWED See Decision and Order (Dated: 1/9/24) Judge: Salinger, Hon. Kenneth W Copied from linked case: 2384CV00958
  151. ttorney appearance On this date Jack Merrill, Jr., Esq. added for Other interested party Grafton & Upton Railroad Company
  152. vent Result:: Evidentiary Hearing scheduled on: 01/17/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Michael D Ricciuti, Presiding
  153. vent Result:: BLS Rule 16 Litigation Control Conference scheduled on: 01/17/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Michael D Ricciuti, Presiding
  154. on Delli Priscoli's Memorandum in support of Motion To Terminate The February 3, 2023 Preliminary Injunction Order Immediately
  155. efendant Jon Delli Priscoli's Motion to Terminate The February 3, 2023 Preliminary Injunction
  156. pposition to Motion to Terminate The February 3, 2023 Preliminary Injunction filed by Michael R. Milanoski
  157. ffidavit Pursuant To Rule 9A
  158. ounsel For Jon Delli Proscoli's Certificate Pursuant To Rule 9C
  159. RDER: Upon review, and in an abundance of caution, the Court has decided that in order to properly proceed with a contempt action, any party seeking the contempt, such as Grafton & Upton Railroad Company ("GURR"), shall file a complaint for contempt pursuant to Rule 65.3. SO ORDERED. (dated 1/17/2023) Notice sent 2/05/2024.
  160. ndorsement on Motion to terminate the February 3, 2023 preliminary injunction order immediately (#56.0): ALLOWED Upon review, allowed. The February 3, 2023 Preliminary Injunction Order is hereby DISSOLVED. (dated 2/2/24) Notice sent 2/05/2024.
  161. otice of appeal filed. Applies To: Milanoski, Michael (Defendant) Copied from linked case: 2384CV00958
  162. omplaint for contempt filed. Copied from linked case: 2384CV02141
  163. xhibits/Appendix Copied from linked case: 2384CV02141
  164. xhibits/Appendix Copied from linked case: 2384CV02141
  165. ttorney appearance On this date Maria Mancini Scott, Esq. added for Plaintiff Michael R. Milanoski
  166. ttorney appearance On this date Maria Mancini Scott, Esq. added for Plaintiff John P. Dewaele, III
  167. ttorney appearance On this date Maria Mancini Scott, Esq. added for Plaintiff Michael R Milanoski Copied from linked case: 2384CV02141
  168. ttorney appearance On this date Maria Mancini Scott, Esq. added for Plaintiff John P DeWaele III Copied from linked case: 2384CV02141
  169. efendant Michael Milanoski, John DeWaele's Motion for Voluntary Dismissal of Appeal Copied from linked case: 2384CV00958
  170. vent Result:: Hearing on Contempt scheduled on: 03/05/2024 10:00 AM Has been: Not Held For the following reason: Transferred to another session Hon. Michael D Ricciuti, Presiding
  171. vent Result:: Hearing on Contempt scheduled on: 03/05/2024 10:00 AM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  172. ttorney appearance electronically filed. Copied from linked case: 2384CV02141
  173. ttorney appearance electronically filed. Copied from linked case: 2384CV02141
  174. efendant Grafton & Upton Railroad Company's Motion for assessment of legal fees and costs against Michael Milanoski and John Dewaele Copied from linked case: 2384CV02141
  175. ffidavit of Jack K. Merrill, Esq. Copied from linked case: 2384CV02141
  176. pposition to Motion for assessment of legal fees and costs against Michael Milanoski and John Dewaele filed by Michael R. Milanoski, John P. Dewaele, III Copied from linked case: 2384CV02141
  177. vent Result:: Conference to Review Status scheduled on: 03/26/2024 04:30 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  178. NSWER to Complaint for Contempt docketed in linked case 2384CV00071 but filed in linked case 2384CV02141 Plaintiff Milanoski, Michael R Copied from linked case: 2384CV02141
  179. eceived from Plaintiff DeWaele III, John P: Answered Copied from linked case: 2384CV02141
  180. efendant Grafton & Upton Railroad Company's Memorandum of Law on Clarification of the Court's October 16, 2023 Preliminary Injunction Copied from linked case: 2384CV02141
  181. laintiffs' Memorandum Relative to Grafton & Upton Railroad Company's Complaint for Contempt Copied from linked case: 2384CV02141
  182. ndorsement on Motion for Voluntary Dismissal of Appeal (#28.0): ALLOWED (dated 4/2/2024) Judge: Ricciuti, Hon. Michael D Copied from linked case: 2384CV00958
  183. vent Result:: Motion Hearing for Reconsideration scheduled on: 04/03/2024 09:00 AM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  184. vent Result:: Motion Hearing for Reconsideration scheduled on: 04/03/2024 09:00 AM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding Copied from linked case: 2384CV00958
  185. atter taken under advisement: Motion Hearing for Reconsideration scheduled on: 04/03/2024 09:00 AM Has been: Held - Under advisement Hon. Michael D Ricciuti, Presiding Copied from linked case: 2384CV02141
  186. laintiff, Defendant Grafton & Upton Railroad Company, Michael R. Milanoski, John P. Dewaele, III's Joint Motion for Entry of Confidentiality Order Copied from linked case: 2384CV02141
  187. roposed Filings/Orders Copied from linked case: 2384CV02141 Stipulated Confidentiality Agreement and Order
  188. efendant Jon Delli Priscoli's Assented to Motion for Leave to Withdraw as Counsel
  189. ndorsement on Motion for Leave to Withdraw as Counsel (#60.0): ALLOWED (Dated 6/6/2024) Notice Sent 6/10/24
  190. ttorney appearance On this date Martha J Zackin, Esq. dismissed/withdrawn for Defendant Jon Delli Priscoli
  191. ttorney appearance On this date John Francis Welsh, III, Esq. dismissed/withdrawn for Defendant Jon Delli Priscoli
  192. ttorney appearance On this date John Francis Welsh, III, Esq. dismissed/withdrawn for Defendant Jon Delli Priscoli Copied from linked case: 2384CV02141
  193. ttorney appearance On this date Martha J Zackin, Esq. dismissed/withdrawn for Defendant Jon Delli Priscoli Copied from linked case: 2384CV02141
  194. ttorney appearance On this date John Francis Welsh, III, Esq. dismissed/withdrawn for Plaintiff Jon Delli Priscoli Copied from linked case: 2384CV00958
  195. RDER: Findings of Fact and Conclusions of Law on Grafton & Upton Railroad Company's Complaint for Contempt against Michael R. Milanoski and John P. Dewaele, III'S Motion to Reconsider and Grafton & Upton Railroad Company's Motion for Attorneys' Fees and Costs See p#61 for full Findings of Fact and Conclusion. (dated 6/20/24) Notice sent 6/24/24
  196. efendant Jon Delli Priscoli's Motion for Summary Judgment on Breach of Contract Claim Filed by Michael Milanoski and John DeWaele
  197. on Delli Priscoli's Memorandum in support of Motion for Summary Judgment on Breach of Contract Claim Filed by Michael Milanoski and John DeWaele
  198. efendant Jon Delli Priscoli's Statement of material facts
  199. xhibits/Appendix Joint Appendix Index
  200. xhibits/Appendix
  201. ertification pursuant to Rule 9A
  202. ertificate pursuant to Rule 9C
  203. laintiffs, Defendants Michael R Milanoski, John P DeWaele III, Grafton & Upton Railroad Company, First Colony Group LLC, Jon Delli Priscoli's Joint Motion to Continue Discovery Deadline Copied from linked case: 2384CV02141
  204. ndorsement on Motion for Summary Judgment on Breach of Contract Claim Filed by Michael Milanoski and John DeWaele (#62.0): ALLOWED Allowed as unopposed. (dated 6/28/24) Notice sent 7/1/24
  205. laintiffs, Defendant, Other Interested Party Michael R. Milanoski, John P. Dewaele, III, Jon Delli Priscoli, Grafton & Upton Railroad Company's Motion to Continue Discovery Deadline Copied from linked case: 2384CV02141
  206. ndorsement on Motion to continue discovery date (#33.0): ALLOWED Allowed. Discovery deadline extended to Sept. 30, 2024. Summary judgment motions, if any, to be filed by Nov.. 29, 2024. (Dated 7/8/24) Judge: Squires-Lee, Hon. Debra A Copied from linked case: 2384CV02141
  207. pposition to Motion For Legal Fees filed by Michael R Milanoski, John P DeWaele III Copied from linked case: 2384CV02141
  208. efendant Grafton & Upton Railroad Company's Motion for Assessment Of Legal Fees And Costs Against Michael Milanoski And John Dewaele Copied from linked case: 2384CV02141
  209. ffidavit Applies To: Merrill, Jr., Esq., Jack (Attorney) on behalf of First Colony Group LLC (Defendant) Copied from linked case: 2384CV02141
  210. eceived from Plaintiff Milanoski, Michael R: Answer to the Counterclaim; Copied from linked case: 2384CV02141
  211. eceived from Plaintiff DeWaele III, John P: Answer to the Counterclaim; Copied from linked case: 2384CV02141
  212. nswer to the counterclaim Copied from linked case: 2384CV02141
  213. nswer to the counterclaim Copied from linked case: 2384CV02141
  214. efendant Jon Delli Priscoli's Motion for Entry of Final Judgment on Count I of the Plaintiffs' Complaint Pursuant to Mass R. Civ. Pro. Rule 54(b)
  215. efendant Jon Delli Priscoli's Certificate of Rule 9A
  216. efendant Jon Delli Priscoli's Certificate of Rule 9C
  217. efendant Grafton & Upton Railroad Company's Notice of Change of Address
  218. laintiff, Defendant Michael R. Milanoski, John P. Dewaele, III, Jon Delli Priscoli, Grafton & Upton Railroad Company's Joint Motion to extend tracking order in Civil Action No. 2384CV02141-BLS2 Copied from linked case: 2384CV02141
  219. ndorsement on Motion to Extend Tracking Order in Civil Action NO. 2384CV02141-BLS2 (#39.0): ALLOWED Discovery deadline extended to Oct. 31, 2024. Parties to file Joint Revised Tracking Order for signature reflecting other applicable extensions. (dated 9/27/24) Notice Sent 10/1/24
  220. ttorney appearance On this date Justin Engel, Esq. dismissed/withdrawn for Plaintiff Jon Delli Priscoli Copied from linked case: 2384CV00958
  221. ttorney appearance electronically filed. Copied from linked case: 2384CV00958
  222. laintiff, Defendant Michael R Milanoski, John P DeWaele III, Grafton & Upton Railroad Company, First Colony Group LLC's Request for Revised Tracking Order in Civil Action No. 2384CV02141-BLS2 Copied from linked case: 2384CV02141
  223. UDGMENT entered on this date.: Separate and Final Judgment 54(b) After Hearing Presiding: Hon. Michael D Ricciuti Judgment For: Jon Delli Priscoli Judgment Against: Michael R. Milanoski John P. Dewaele, III Terms of Judgment: Jdgmnt Date: 10/25/2024 Further Orders: On Count I Entered on docket pursuant to Mass R Civ P 58(a) notice sent to parties pursuant to Mass R Civ P77(d)
  224. ndorsement on Motion for entry of Final Judgment (#65.0): ALLOWED See written decision dated 10/24/24
  225. EMORANDUM & ORDER: Memorandum and Order on Grafton & Uptown Railroad Company's Motion for Attorneys fees and costs and Delli Prisscoli's Motion for entry of Separate and Final Judgment Notice sent 10/25/24 Judge: Ricciuti, Hon. Michael D
  226. ndorsement on Motion for assessment of legal fees and costs (#36.0): ALLOWED See written decision dated 10/24/2024 Judge: Ricciuti, Hon. Michael D Copied from linked case: 2384CV02141
  227. he following form was generated: Notice to Appear - BLS was generated but not submitted: Copied from linked case: 2384CV02141
  228. ndorsement on Request for Revised Tracking Order in Civil Action No. 2384CV02141-BLS2 (#40.0): ALLOWED Clerk to schedule Status Conference in January 2025 to discuss whether summary judgment hearing needs to be scheduled or FPTC. (dated 11/05/2024) Judge: Squires-Lee, Hon. Debra A Copied from linked case: 2384CV02141
  229. laintiffs Michael R Milanoski, John P DeWaele III's Motion to Extend the Deadline to File Summary Judgment Motions to February 21, 2025 (Unopposed) Copied from linked case: 2384CV02141
  230. s Copied from linked case: 2384CV02141
  231. vent Result:: BLS Rule 16 Litigation Control Conference scheduled on: 01/16/2025 02:00 PM Has been: Held as Scheduled Hon. Kenneth W Salinger, Presiding Staff: Erin Coronado, Assistant Clerk Magistrate Copied from linked case: 2384CV02141
  232. ndorsement on Motion to Extend the Deadline to File Summary Judgment Motions to February 21, 2025 (Unopposed) (#41.0): ALLOWED (dated 1/16/2025) Judge: Salinger, Hon. Kenneth W Copied from linked case: 2384CV02141
  233. arty(s) file Stipulation of Dismissal (filed 2/28/25) as to plffs vs defts with prejudice with each party bearing its own costs JUDGMENT Entered on docket pursuant to Mass R Civ P 58(a) as amended and notice sent to parties pursuant to Mass R Civ P 77(d) Applies To: Milanoski, Michael R. (Plaintiff); Dewaele, III, John P. (Plaintiff); Delli Priscoli, Jon (Defendant)

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