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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-12-21
Status Open
Type Mergers, Consolidations, Sales Of Assests, Issuance Of Debt, Equity, Etc.
Docket 71 entries

Parties

Plaintiff Mag Retail Holdings Cjdr, Llc|Mag Re Holdings Methuen, Llc
Defendant 175 Pelham Realty, Llc|Dmo Methuen, Llc|Mc Govern, Matthew

Lawyers

Docket Entries

  1. Complaint electronically filed.(PROVISIONALL IMPOUNDED)
  2. Civil action cover sheet filed.
  3. Case assigned to: DCM Track F - Fast Track was added on 12/22/2022
  4. Demand for jury trial entered.
  5. Claim filed under 93A
  6. Attorney appearance On this date Paul Marshall Harris, Esq. added as Private Counsel for Defendant Dmo Methuen, Llc
  7. Attorney appearance On this date Paul Marshall Harris, Esq. added as Private Counsel for Defendant 175 Pelham Realty, Llc
  8. Attorney appearance On this date Sara Decatur Judge, Esq. added as Private Counsel for Defendant 175 Pelham Realty, Llc
  9. Attorney appearance electronically filed.
  10. Attorney appearance On this date Sara Decatur Judge, Esq. added as Private Counsel for Defendant Dmo Methuen, Llc
  11. Attorney appearance electronically filed.
  12. Attorney appearance On this date Gregory S Paonessa, Esq. added as Private Counsel for Defendant 175 Pelham Realty, Llc
  13. Attorney appearance On this date Gregory S Paonessa, Esq. added as Private Counsel for Defendant Dmo Methuen, Llc
  14. Attorney appearance electronically filed.
  15. Defendants Dmo Methuen, Llc, 175 Pelham Realty, Llc's EMERGENCY Motion to impound and for attorneys' fees and costs.
  16. Affidavit of Sara D. Judge in support of #3 motion.
  17. Endorsement on Motion to impound (emergency) (#3.0): DENIED without opposition. Motion to be served under Rule 9A. The complaint will be provisionally impounded pending review of any opposition served under 9A. Judge: Tingle, Hon. Brent A
  18. Affidavit of Benjamin M. McGovern in Opposition to Defendants' Emergency Motion to Impound
  19. Service Returned for Defendant Dmo Methuen, Llc: Service made via regular mail; Sarah D. Judge, Esq., Burns & Levinson, LLP, on 12/29/2022, at 125 High Street, Boston, MA 02110
  20. Service Returned for Defendant 175 Pelham Realty, Llc: Service made via regular mail; Sarah D. Judge, Esq., Burns & Levinson, LLP, on 12/29/2022, at 125 High Street, Boston, MA 02110
  21. Received from Defendant 175 Pelham Realty, Llc: Answer with a counterclaim;(PROVISIONALLY IMPOUNDED)
  22. Received from Defendant Dmo Methuen, Llc: Answer with a counterclaim;(IMPOUNDED)
  23. Counterclaim filed.
  24. Pleading titled, Third-Party Complaint with check of $240.00, filed with the court on 01/20/2023, returned to Sara Decatur Judge, Esq. There are two Third-Party Plaintiffs in this case. The cost is $480.00.
  25. Defendants Dmo Methuen, Llc, 175 Pelham Realty, Llc's Motion to Provisionally Impound Certain Documents
  26. Affidavit of Sara D. Judge in Support of Motion to Provisionally Impound Certain Documents
  27. Endorsement on Motion in provisionally impound certain documents (#8.0): ALLOWED after hearing, the assented o motion to provisionally impound certain documents is ALLOWED. Although I have doubts as to whether impoundment is appropriate as to some or all of the documents that the defendants seek to impound, denying the motion to provisionally impound would in effect deprive the defendants an opportunity to be heard on the merits. The documents identified in the motion are provisionally impounded. This order or provisional impoundment will expire at the hearing on the forth coming impoundment motion on June 5, 2023 which ever comes first. Dated at Woburn, this 7th day of March, 2023 Judge: Deakin, Hon. David A
  28. ORDER OF IMPOUNDMENT of ON ASSENTED-TO MOTION TO PROVISIONALLY IMPOUND CERTAIN DOCUMENTS in effect until 06/05/2023or hearing on the forthcoming motion to impound, which ever comes first IT IS ORDERED that the Clerk of this court immediately impound the following materials which have been previously served and/or filed in this matter: A. Plaintiffs Complaint B. Defendants' answer and counterclaim and any responsive pleadings; C. Defendants' counterclaims third-party complaint and all responsive pleadings; D. Defendants' motion for preliminary Injunction 9A package (including all related memorandum of law, oppositions, and replies to be filed); All parties to this action are further ordered to File impounded Information and Provisionally Impounded Documents that have not previously been filed in paper form(not electronic filing) and to include a cover letter identifying the filing with words "IMPOUNDED FILING" written on the envelope. The Court directs the Clerk, upon receipt of any documents denoted as such, to affix a copy of this order to the outside envelope and to docket her receipt of the same. The provisions of Uniform Rules of Impoundment Procedure Rule 13 shall govern the use of the Impounded Information contained therein. This order shall remain in effect until the hearing on the forthcoming motion to impound or June 5, 2023 whichever comes first. Entered this 7th day of March, 2023.
  29. Defendant 175 Pelham Realty, Llc, Dmo Methuen, Llc's Motion to Impound
  30. Pelham Realty, Llc, 175 Pelham Realty, Llc's Memorandum in support of motion to impound
  31. Affidavit of Sara D Judge in support of defendants' motion to impound
  32. Affidavit of Benjamin M McGovern in opposition to defendants' motion to impound
  33. Pelham Realty, Llc, Dmo Methuen, Llc's Reply Memorandum in further support of their motion to impound
  34. Affidavit of compliance with Superior Court Rule 9C Applies To: Paonessa, Esq., Gregory S (Attorney) on behalf of 175 Pelham Realty, Llc, Dmo Methuen, Llc (Defendant)
  35. The following form was generated: Notice to Appear Sent On: 03/10/2023 08:28:07
  36. Defendant, Plaintiff in a Counterclaim(s) Dmo Methuen, Llc's Motion for a Preliminary Injunction (PROVISIONALLY IMPOUNDED)
  37. Dmo Methuen, Llc's Memorandum in support of its Motion for a Preliminary Injunction (PROVISIONALLY IMPOUNDED)
  38. Affidavit of Daniel O'Brian (PROVISIONALLY IMPOUNDED)
  39. Opposition to Defendant's Motion for a Preliminary Injunction filed by (PROVISIONALLY IMPOUNDED) Applies To: Mag Retail Holdings - Cjdr, Llc (Plaintiff)
  40. Affidavit of Benjamin M. McGovern (PROVISIONALLY IMPOUNDED)
  41. Affidavit of Matthew E. McGovern (PROVISIONALLY IMPOUNDED)
  42. Dmo Methuen, Llc's Reply Memorandum in further support of Motion for a Preliminary(PROVISIONALLY IMPOUNDED)
  43. Affidavit of Daniel O'Brian (PROVISIONALLY IMPOUNDED)
  44. Affidavit of compliance with Superior Court Rule 9C Applies To: Paonessa, Esq., Gregory S (Attorney) on behalf of Dmo Methuen, Llc (Defendant)
  45. rd Party Complaint filed. (PROVISIONALLY IMPOUNDED)
  46. Service Returned for Defendant McGovern, Matthew: Service accepted by counsel; Greogory S. Paonessa, Esq, 3/10/23
  47. Event Result:: Motion Hearing scheduled on: 03/24/2023 02:30 PM Has been: Held as Scheduled Hon. David A Deakin, Presiding
  48. ORDER OF IMPOUNDMENT of PRELIMINARY ORDER ON DEFENDANTS' MOTION TO IMPOUND in effect until until further order of the court I entered the following ORDER: 1. No later than April 12, 2023, defense counsel shall submit to plaintiff¿s counsel a list of documents that the defendants contend should be impounded in their entirety. As to documents that the defendants contend need not be impounded entirely but should be subject to redaction, defense counsel shall submit to plaintiff¿s counsel copies of each such document with the proposed redactions marked on the document. 2. No later than May 1, 2023, plaintiff¿s counsel shall respond to plaintiffs¿ counsel with a document that sets out which, if any, of the defendant¿s proposals for impoundment and redaction the plaintiffs agree with and which, if any, it challenges. 3. No later than May 4, 2023, the parties shall submit a joint statement as to which, if any, of the defendants¿ proposals for impoundment and redaction are agreed upon. This joint statement shall be submitted even if the parties disagree on some proposals for impoundment and/or redaction. In the event of disagreement, the parties shall additionally submit individual statements identifying the areas of disagreement and setting out, briefly, their positions as to the areas of disagreement. 4. All submissions to the Court pursuant to this ORDER shall be submitted in envelopes marked: ¿For In Camera Review: Judge¿s Eyes Only.¿ So ORDERED this 24th day of March 2023.
  49. Received from Defendant McGovern, Matthew: Answer to the Third Party Complaint; (PROVISIONALLY IMPOUNDED)
  50. Reply/Sur-reply of Mag Retail Holdings - CJDR, LLC and Mag Re Holdings - Methuen, LLC to counterclaim. (PROVISIONALLY IMPOUNDED)
  51. Event Result:: Hearing on Preliminary Injunction scheduled on: 06/21/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Comments: time change only Hon. Christopher K Barry-Smith, Presiding
  52. Event Result:: Hearing on Preliminary Injunction scheduled on: 06/21/2023 10:00 AM Has been: Held via Video/Phone Comments: parties to submit a joint agreement as to a trial date and discovery Hon. Christopher K Barry-Smith, Presiding
  53. Endorsement on Motion for injunctive relief (#11.0): DENIED After hearing, and careful consideration of the parties submissions, the defendant's motion for specific performance and consummation of sale, is denied for reasons state on the record. I will, however consider an expedited trial. The parties shall confer with respect to expedited trial and necessary discovery, and either: 1) submit a joint proposal for case management or 2) submit a document setting fourth each party's proposed schedule and reasons therefore. After review, I will schedule a conference or adopt a schedule for the case. So ordered. Dated June 22, 2023
  54. Plaintiff Mag Retail Holdings - Cjdr, Llc's Motion for Partial Summary Judgment on Claims for Specific Performance
  55. Mag Retail Holdings - Cjdr, Llc's Memorandum in support of Motion for Partial Summary Judgment on Claims for Specific Performance
  56. Opposition to the Motion for Partial Summary Judgment on Claims for Specific Performance filed by Mag Re Holdings - Methuen, Llc
  57. Reply/Sur-reply Memorandum of MAG in Support of Motion for Partial Summary Judgment on Claims for Specific Performance.
  58. Plaintiff Mag Retail Holdings - Cjdr, Llc's Statement of material facts in Support of Motion for Partial Summary Judgment on Claims for Specific Performance.
  59. Affidavit of Gregory S. Paonessa
  60. Affidavit of Daniel O'Brien
  61. Affidavit of Compliance under Superior Court Rule 9A(b)(2) Applies To: McGovern, Esq., Benjamin M (Attorney) on behalf of Mag Retail Holdings - Cjdr, Llc (Plaintiff)
  62. Plaintiff Mag Retail Holdings - Cjdr, Llc's Certificate of of Compliance with Superior Court Rule 9C Applies To: McGovern, Esq., Benjamin M (Attorney) on behalf of Mag Retail Holdings - Cjdr, Llc (Plaintiff)
  63. Plaintiff Mag Retail Holdings - Cjdr, Llc's Certificate of of Service Pursuant to Superior Court Rule 9A(b)(2) Applies To: McGovern, Esq., Benjamin M (Attorney) on behalf of Mag Retail Holdings - Cjdr, Llc (Plaintiff)
  64. Exhibits/Appendix JOINT
  65. Attorney appearance On this date Robert M Shaw, Esq. added as Private Counsel for Plaintiff Mag Retail Holdings - Cjdr, Llc
  66. Attorney appearance electronically filed.
  67. Attorney appearance On this date Robert M Shaw, Esq. added as Private Counsel for Plaintiff Mag Re Holdings - Methuen, Llc
  68. Matter taken under advisement: Rule 56 Hearing scheduled on: 11/14/2023 03:00 PM Has been: Held - Under advisement Hon. David A Deakin, Presiding
  69. MEMORANDUM & ORDER: ON MOTION OF MAG RETAIL HOLDINGS - CJDR, LLC, FOR PARTIAL SUMMARY JUDGMENT ON CLAIMS FOR SPECIFIC PERFORMANCE For the foregoing reasons, MAG's motion for partial summary judgment as to DMO's claims for specific performance is DENIED. Which see 5 pages. Judge: Deakin, Hon. David A
  70. Notice of docket entry received from Appeals Court NOTICE OF DOCKET ENTRY: Please take note that on March 21, 2024, the above referenced matter has been entered on the single justice docket of the Appeals Court.
  71. Notice of docket entry received from Appeals Court Petition of MAG RETAIL HOLDINGS - CJD, LLC for Interlocutory Relief - Appendix - Memorandum of Law

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