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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-12-15
Status Closed
Type Miscellaneous|Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 25 entries

Parties

Plaintiff Blum, Casey
Defendant Dukes County Regional Housing Authority|Island Housing Trust Corporation

Lawyers

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 427191 Date: 12/15/2021
  4. Land Court surcharge Receipt: 427191 Date: 12/15/2021
  5. Land Court summons Receipt: 427191 Date: 12/15/2021
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Plaintiff's Motion for Appointment of Special Process Server filed and ALLOWED. Judge: Patterson, Deborah J.
  8. Plaintiff's Motion for Ex Parte Approval of Memorandum of Lis Pendens, filed.
  9. Memorandum of Lis Pendens, filed.
  10. Hearing Notice issued on Application for Lis Pendens. Judge: Rubin, Hon. Diane R. Event: Hearing on Lis Pendens Date: 12/15/2021 Time: 03:30 PM Counsel notified via email.
  11. Event Resulted: Hearing on Lis Pendens scheduled on: 12/15/2021 03:30 PM Has been: Hearing on Motion for Ex Parte Approval of Lis Pendens held via videoconference. Attorneys Peter Carr and Zachary Wallack appeared on behalf of the plaintiff Casey Blum, who was also present. Before the court is Plaintiff's Motion for Ex Parte Approval of Memorandum of Lis Pendens and Plaintiff's Memorandum of Lis Pendens. Attorney Wallack advised that there is a danger that the property at issue will be transferred in the near future, as the Island Housing Trust Corporation has indicated that it intends to move forward with a sale of the property to the next approved lottery winner. After argument and review of the motion, court ALLOWS the motion for lis pendens, finding that the action constitutes a claim of a right to title, use, or occupation of real property or the buildings thereon, pursuant to G.L. c. 184, § 15. Subsequently court to issue Endorsement of Lis Pendens. Case management conference scheduled for January 26, 2022 at 11:00 A.M. to allow plaintiff time to serve defendants. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  12. Judicial Endorsement pursuant to G.L. Chapter 184, Section 15 Regarding Lis Pendens Issued. Counsel given in hand. Judge: Rubin, Hon. Diane R.
  13. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 01/26/2022 Time: 11:00 AM
  14. Summons returned to Court with service on Dukes County Regional Housing Authority filed. Served in hand to the Administrative Coordinator and duly authorized agent on December 22, 2021.
  15. Summons returned to Court with service on Island Housing Trust Corporation filed. Served in hand to the Executive Director and duly authorized agent on December 22, 2021.
  16. Joint Statement of the Parties, filed.
  17. Defendants' Motion to Dissolve Lis Pendens and Special Motion to Dismiss Complaint, filed.
  18. Memorandum of Law in Support of Defendants' Motion to Dissolve Lis Pendens and Special Motion to Dismiss Complaint, filed.
  19. Affidavit of David Vigneault, filed.
  20. Affidavit of Terri Keech, filed.
  21. Affidavit of Philippe Jordi, filed.
  22. Event Resulted: Case Management Conference scheduled on: 01/26/2022 11:00 AM Has been: Case management conference and early intervention event held via videoconference. Attorneys Peter Carr and Zachary Wallack appeared on behalf of plaintiff Casey Blum, who was present, Attorney Ellen Kaplan appeared on behalf of the Dukes County Regional Housing Authority, and Attorney Timothy Moriarty appeared on behalf of the Island Housing Trust Corporation. Court is in receipt of the Joint Statement of the Parties; Defendants' Motion to Dissolve Lis Pendens and Special Motion to Dismiss Complaint; Memorandum of Law in Support of Defendants' Motion to Dissolve Lis Pendens and Special Motion to Dismiss Complaint; Affidavit of David Vigneault; Affidavit of Terri Keech; and Affidavit of Philippe Jordi. Court inquired into whether settlement or alternative dispute resolution might be appropriate in order to assist the parties to achieve a mutually agreeable resolution and avoid the expense, delay and risk associated with litigation, particularly in light of the fee shifting provisions associated with the special motion to dismiss. Counsel for all parties advised that they are open to settlement and will confer with their clients, but Attorneys Moriarty and Kaplan noted that their clients may be constrained by affordable housing laws in terms of what they can offer. Following colloquy, parties to engage in settlement discussions, with all discovery stayed until the next status conference, scheduled for February 22, 2022, at 11:30 A.M. If necessary, at that time, court to put in place a schedule for briefing on the special motion to dismiss. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  23. Alternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
  24. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 02/22/2022 Time: 11:30 AM
  25. Event Resulted: Status Conference scheduled on: 02/22/2022 11:30 AM Has been: Canceled For the following reason: Case Closed Hon. Diane R. Rubin, Presiding

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