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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-07-28
Status Closed
Type Permit Session
Docket 35 entries

Parties

Plaintiff Mission Associates, Llc
Defendant Building Commissioner For City Of Boston|Boston Landmarks Commission

Lawyers

Docket Entries

  1. Case Assigned to the Average Track of the Permit Session.
  2. Land Court miscellaneous filing fee Receipt: 442854 Date: 07/28/2023
  3. Land Court surcharge Receipt: 442854 Date: 07/28/2023
  4. Verified Complaint eFiled.
  5. Uniform Counsel Certificate for Civil Cases filed by Interested Party.
  6. Defendants' Motion to Dismiss, filed.
  7. Defendants' Memorandum of Law in Support of their Motion to Dismiss, filed.
  8. Defendants' Appendix, filed.
  9. Scheduled Event: Pre-Trial Conference Date: 08/11/2023 Time: 12:30 PM
  10. The case has been assigned to the A Track. Notice sent.
  11. The Court ORDERS the parties to appear for a pre-trial videoconference at 12:30 PM on August 11, 2023, the same time as the videoconference previously set in now-dismissed Case No. 23 MISC 000338. The Court will discuss at the upcoming videoconference the timing of Mission Associates' response (if any) to Defendants' motion to dismiss, filed today. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter B Morin, Esq. [email protected] Plaintiff: Michael William Ford, Esq. [email protected] Plaintiff: Ryan M Gazda, Esq. [email protected] Defendant: Edward Coburn, Esq. [email protected] Defendant: Thomas J Broom, Esq. [email protected] Sent On: 08/09/2023 13:40:27
  12. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 08/11/2023 Time: 12:30 PM
  13. Joint Pre-Trial Memorandum, filed.
  14. Event Resulted: Pre-Trial Conference scheduled on: 08/11/2023 12:30 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  15. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 09/06/2023 Time: 10:00 AM
  16. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 09/06/2023 Time: 10:00 AM
  17. Pre-trial videoconference held. All parties appeared through counsel. After hearing from the parties, the Court ORDERS Mission to file by August 25, 2023 its opposition to the defendants' motion to dismiss. The Court ORDERS the parties to appear on September 6, 2023 at 10:00 AM for a hearing on the motion to dismiss and continued pre-trial conference. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter B Morin, Esq. [email protected] Plaintiff: Michael William Ford, Esq. [email protected] Plaintiff: Ryan M Gazda, Esq. [email protected] Defendant: Edward Coburn, Esq. [email protected] Defendant: Thomas J Broom, Esq. [email protected] Sent On: 08/11/2023 15:43:01
  18. Plaintiff's Opposition to Defendants' Motion to Dismiss, filed.
  19. Plaintiff's Appendix in Support of Opposition to Motion to Dismiss, filed.
  20. First Amended Verified Complaint for Declaratory Judgment an Injunctive Relief in the Nature of Mandamus, filed.
  21. The Court has received from Mission Associates both an opposition to Defendants' motion to dismiss and a first amended verified complaint. The Court ORDERS Defendants to file by September 1, 2023, a statement whether they wish to have leave to move to dismiss the amended complaint (in which case, the Court will set a schedule for that) or whether they'd prefer to have the Court hear their pending motion to dismiss on September 6, 2023, as previously scheduled. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter B Morin, Esq. [email protected] Plaintiff: Michael William Ford, Esq. [email protected] Plaintiff: Ryan M Gazda, Esq. [email protected] Defendant: Edward Coburn, Esq. [email protected] Defendant: Thomas J Broom, Esq. [email protected] Sent On: 08/28/2023 09:53:56
  22. Request for Additional Time to Move to Dismiss Plaintiff's First Amended Verified Complaint, filed.
  23. The Court has received defendants' request pertaining to Mission Associates' amended complaint. The Court GRANTS defendants' motion. The Court DENIES the defendants' pending motion to dismiss as MOOT. (The Court notes that the amended complaint names only the Boston Building Commissioner, and not the Landmarks Commission. The Court thus DISMISSES without prejudice all claims in this case against the Landmarks Commission.) The Court GRANTS the Building Commissioner leave to file by September 14, 2023, a motion to dismiss the amended complaint. The Court ORDERS Mission Associates to file any opposition to the motion by September 25, 2023. The Court ORDERS the parties to appear by videoconference for a hearing on the motion, and a further pretrial conference, on September 29, 2023, at 10:00 AM. A separate notice of videoconference will issue. The Court CANCELS the September 6, 2023, hearing and conference in this matter. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter B Morin, Esq. [email protected] Plaintiff: Michael William Ford, Esq. [email protected] Plaintiff: Ryan M Gazda, Esq. [email protected] Defendant: Edward Coburn, Esq. [email protected] Defendant: Thomas J Broom, Esq. [email protected] Sent On: 09/01/2023 15:05:18
  24. Event Resulted: Pre-Trial Conference scheduled on: 09/06/2023 10:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  25. Event Resulted: Hearing scheduled on: 09/06/2023 10:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  26. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 09/29/2023 Time: 10:00 AM
  27. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 09/29/2023 Time: 10:00 AM
  28. Parties' Joint Motion to Add the Landmarks Commission and to Extend the City's Deadline to File its Motion to Dismiss the Amended Complaint (September 21, 2023), filed.
  29. The Court has reviewed and GRANTS the parties' joint motion. The Court DIRECTS the Sessions Clerk to indicate on MassCourts that the Boston Landmarks Commission is a party-defendant. The Court EXTENDS to September 21, 2023, the municipal defendants' deadline for moving to dismiss Mission's amended complaint. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter B Morin, Esq. [email protected] Plaintiff: Michael William Ford, Esq. [email protected] Plaintiff: Ryan M Gazda, Esq. [email protected] Defendant: Edward Coburn, Esq. [email protected] Defendant: Thomas J Broom, Esq. [email protected] Sent On: 09/13/2023 15:23:00
  30. Parties' Joint Motion to Extend the City's Deadline to File its Motion to Dismiss the Amended Complaint (to September 25 2023), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  31. Email Notifying the Court that the Case is Settled, filed.
  32. Nisi Order issued. Response Due on 10/10/2023.
  33. Event Resulted: Hearing scheduled on: 09/29/2023 10:00 AM Has been: Canceled For the following reason: Case Reported Settled Hon. Michael D. Vhay, Presiding
  34. Event Resulted: Pre-Trial Conference scheduled on: 09/29/2023 10:00 AM Has been: Canceled For the following reason: Case Reported Settled Hon. Michael D. Vhay, Presiding
  35. Stipulation of Dismissal with Prejudice, filed.

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