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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-12-28
Status Open
Type Torts|Fraud, Business Torts, Etc.
Docket 56 entries

Parties

Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust
Defendant L D Associates, Inc|Ld Pines, Llc|Ld Builders, Llc|Ward, David A

Lawyers

Docket Entries

  1. Complaint electronically filed.
  2. Civil action cover sheet filed.
  3. Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust's Motion to appoint special process server, FILED. Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Aylesworth, Esq., Thomas W (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Audley, Esq., Patrick (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  4. Case assigned to: DCM Track A - Average was added on 12/29/2021
  5. Endorsement on Motion to Appoint Special Process Server (#3.0): ALLOWED (Agostini, J.) Judge: Agostini, Hon. John A Applies To: Aylesworth, Esq., Thomas W (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Audley, Esq., Patrick (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  6. Amended: amended complaint filed by Trustees Of The Pines At Bousquet Mountain Condominium Trust FILED. Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Aylesworth, Esq., Thomas W (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Audley, Esq., Patrick (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  7. Service Returned for Defendant David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust: Service made in hand; on January 13, 2022, by handing true and attested copies to David A. Ward at 55 Pittsfield Road, Suite 4A, Lenox, MA, FILED
  8. Service Returned for Defendant L D Associates, Inc: Service made in hand; on January 13, 2022, by handing true and attested copies to David A. Ward, Registered Agent and duly authorized agent at 55 Pittsfield Road, Suite 4A, Lenox, MA, FILED
  9. Service Returned for Defendant LD Builders, LLC: Service made in hand; on January 13, 2022, by handing true and attested copies to David A. Ward, Registered Agent and duly authorized agent at 55 Pittsfield Road, Suite 4A, Lenox, MA, FILED
  10. Service Returned for Defendant LD Pines, LLC: Service made in hand; on January 13, 2022, by handing true and attested copies to David A. Ward, Registered Agent and duly authorized agent, at 55 Pittsfield Road, Suite 4A, Lenox, MA, FILED
  11. Received from Defendant David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust: Answer to amended complaint;
  12. Attorney appearance On this date Jack E Houghton, Jr., Esq. added for Defendant David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust
  13. Attorney appearance On this date Jack E Houghton, Jr., Esq. added for Defendant L D Associates, Inc
  14. Answer to amended complaint, FILED Applies To: Houghton, Jr., Esq., Jack E (Attorney) on behalf of David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust (Defendant) Applies To: David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust (Defendant); Houghton, Jr., Esq., Jack E (Attorney) on behalf of David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust (Defendant)
  15. Received from Defendant L D Associates, Inc: Answer to amended complaint; FILED Applies To: L D Associates, Inc (Defendant); Houghton, Jr., Esq., Jack E (Attorney) on behalf of L D Associates, Inc (Defendant)
  16. Received from Defendant LD Builders, LLC: Answer to amended complaint; FILED Applies To: LD Builders, LLC (Defendant); Houghton, Jr., Esq., Jack E (Attorney) on behalf of LD Builders, LLC (Defendant)
  17. Attorney appearance On this date Jack E Houghton, Jr., Esq. added for Defendant LD Builders, LLC
  18. Received from Defendant LD Pines, LLC: Answer to amended complaint; FILED Applies To: LD Pines, LLC (Defendant); Houghton, Jr., Esq., Jack E (Attorney) on behalf of LD Pines, LLC (Defendant)
  19. Attorney appearance On this date Jack E Houghton, Jr., Esq. added for Defendant LD Pines, LLC
  20. Attorney Dawn McDonald Notice of appearance electronically filed. Applies To: McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  21. Attorney appearance On this date Dawn D McDonald, Esq. added for Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust, FILED
  22. Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust's Notice of Withdrawal of Appearance of Patrick M. Audley. FILED Applies To: Audley, Esq., Patrick (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  23. Attorney appearance On this date Patrick Audley, Esq. dismissed/withdrawn for Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust
  24. Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust's Motion to compel Defendant David R. Ward as Trustee for the Pines at Bousquet Nominee Trust, and Defendant LD Associates, Inc. to respond to Plaintiff's discovery requests FILED Applies To: McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  25. Trustees Of The Pines At Bousquet Mountain Condominium Trust's Memorandum in support of its Motion to compel Defendant David A. Ward as Trustee for the Pines at Bousquet Nominee Trust, to respond to Plaintiff's discovery requests FILED Applies To: McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  26. Affidavit of Attorney Dawn D. McDonald in support of Plaintiff's Motion to compel FILED Applies To: McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  27. Exhibits/Appendix Exhibits A-J to Plaintiff's Memorandum in support of Motion to Compel FILED Applies To: McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  28. Rule 9A Affidavit of no opposition FILED Applies To: McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  29. Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust's Notice of Superior Court Rule 9A List of Documents filed: 1. Plaintiff's Trustees of the Pines at Bousquet Mountain Condominium Trust, Motion to Compel Defendant, David Ward as Trustee for the Pines at Bousquet Nominee Trust, to respond to Plaintiff's discovery request; 2. Plaintiff's, Trustees of the Pines at Bousquet Mountain Condominium Trust, Memorandum in Support of its Motion to Compel Defendant, David Ward as Trustee for the Pines at Bousquet Nominee Trust, to respond to Plaintiff's Discovery request; 3. Affidavit of Attorney Dawn D. McDonald in support of Plaintiffs' Motion to Compel; 4. Exhibits A through J; 5. Rule 9A Affidavit of no opposition; 6. Superior Court Rule 9A List of Documents filed; and 7. Notice of Filing Motion. FILED Applies To: McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  30. Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust's Notice of Filing Motion Pursuant to Superior Court Rule 9A(b)(2) FILED Applies To: McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  31. ORDER: on Plaintiff's Motion to Compel Discovery entered (Agostini J.) Applies To: Aylesworth, Esq., Thomas W (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Houghton, Jr., Esq., Jack E (Attorney) on behalf of L D Associates, Inc (Defendant); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Audley, Esq., Patrick (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  32. Application for Plaintiffs' Application for Attorney's Fees and costs in the amount of $8816.50 with Exhibit A and Exhibit 1 FILED Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  33. Defendant L D Associates, Inc, LD Pines, LLC, LD Builders, LLC, David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust's Assented to Motion to extend discovery deadline, FILED. Applies To: Houghton, Jr., Esq., Jack E (Attorney) on behalf of David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust, L D Associates, Inc, LD Builders, LLC, LD Pines, LLC (Defendant)
  34. Endorsement on Application for Attorney's Fees (#24.0): ALLOWED Allowed. No opposition. 12/13/2022 (Agostini, J) Judge: Agostini, Hon. John A
  35. Endorsement on Motion to extend discovery deadline (#25.0): ALLOWED Judge: Agostini, Hon. John A Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Aylesworth, Esq., Thomas W (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Houghton, Jr., Esq., Jack E (Attorney) on behalf of David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust, L D Associates, Inc, LD Builders, LLC, LD Pines, LLC (Defendant); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  36. The following form was generated: Notice to Appear for Final Pre-Trial Conference on 9/25/2023 at 2:00 p.m. ZOOM SESSION Sent On: 01/04/2023 10:20:11
  37. Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust's Motion for Contempt and Request for Default Judgment Against Defendants LD Associates, INC and David A. Ward as Trustee of the Pines at Bousquet Mountain Nominee Trust. With Certificate of Service. FILED Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  38. Exhibits/Appendix Exhibits A-D. FILED Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  39. Rule 9A Affidavit of Dawn D. Macdonald, Esq of No Opposition (from the defendant's). FILED Applies To: McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  40. Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust's Notice of Superior Court Rule 9A List of Documents Filed. FILED 1. Plaintiffs', Trustees of the Pines at Bousquet Mountain Condominium Trust, Motion for Contempt and Request for Default Judgment against Defendants, LD Associates, Inc. and David A. Ward as Trustee of the Pines at Bousquet Mountain Nominee Trust; 2. Exhibits A throughD; 3. Rule 9A Affidavit of No Opposition; 4. Superior Court Rule 9A List of Documents Filed; and 5. Notice of Filing Motion Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  41. Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust's Notice of Filing a Motion. With Certificate of Service. FILED Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  42. The following form was generated: Notice to Appear for hearing on Plaintiff's Motion for Contempt and request for Default Judgment on 2/13 at 2 PM by zoom Sent On: 01/20/2023 09:31:35 Applies To: Aylesworth, Esq., Thomas W (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Houghton, Jr., Esq., Jack E (Attorney) on behalf of L D Associates, Inc (Defendant); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Event Judge: Agostini, Hon. John A
  43. Affidavit of David A. Ward, FILED. Applies To: David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust (Defendant)
  44. Event Result:: Motion Hearing scheduled on: 02/13/2023 02:00 PM Has been: Held as Scheduled Hon. John A Agostini, Presiding
  45. Document: Default order Mass. R. Civ. P. 32(b)2)(C) as against L.D. Associates, Inc. and David A. Ward as Trustee of The Pines at Bousquet Mountain Nominee Trust Sent On: 02/14/2023 14:16:36 Applies To: L D Associates, Inc (Defendant); David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust (Defendant)
  46. Endorsement on Motion for Contempt and request for default judgment against defendants LD Associates, Inc. and David A. Ward as Trustee of the Pines at Bousquet Mountain Nominee Trust (#26.0): ALLOWED the defendants are default and the court will schedule an assessment of damages hearing (Agostini, J.) Judge: Agostini, Hon. John A Applies To: Aylesworth, Esq., Thomas W (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Houghton, Jr., Esq., Jack E (Attorney) on behalf of L D Associates, Inc (Defendant); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Audley, Esq., Patrick (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Event Judge: Agostini, Hon. John A
  47. Docket Note: NOTICE sent to counsel for hearing on Assessment of Damages for 3/20 at 2:00 PM by zoom Applies To: Aylesworth, Esq., Thomas W (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Houghton, Jr., Esq., Jack E (Attorney) on behalf of L D Associates, Inc (Defendant); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Event Judge: Agostini, Hon. John A
  48. Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust's Notice of Hearing on Assessment of Damages Pursuant to M.R.C.P. 55b(2) FILED Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  49. Affidavit of Ray McGarrigle, President of the Trustees of the Pines at Bousquet Mountain Condominium Trust as to Military Service FILED
  50. Event Result:: Damage Assessment Hearing scheduled on: 03/20/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. John A Agostini, Presiding
  51. Plaintiff Trustees Of The Pines At Bousquet Mountain Condominium Trust's Notice of Hearing on Assessment of Damages Pursuant to M.R.C.P. 55b(2). With Certificate of Service. AND Military Affidavit (of Bruce Pitman, Trustee of Board of Trustees Pines at Bousquet Mountain Condominium Trust). FILED Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  52. Opposition to to Plaintiffs' request for entry of judgment for damages #29 filed by L D Associates, Inc, LD Pines, LLC, LD Builders, LLC, David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust Applies To: L D Associates, Inc (Defendant); LD Pines, LLC (Defendant); LD Builders, LLC (Defendant); David A Ward Trustee of The Pines at Bousquet Mountain Nominee Trust (Defendant); Houghton, Jr., Esq., Jack E (Attorney) on behalf of L D Associates, Inc (Defendant)
  53. List of exhibits for Assessment of Damages Hearing Scheduled for 6/7/2023. FILED Applies To: Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); Aylesworth, Esq., Thomas W (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)
  54. Event Result:: Damage Assessment Hearing scheduled on: 06/07/2023 02:00 PM Has been: Held as Scheduled Comments: To be continued for further hearing on 6/26/2023 at 2:00 p.m. -- IN PERSON Hon. Francis E Flannery, Presiding
  55. Event Result:: Damage Assessment Hearing scheduled on: 06/26/2023 02:00 PM Has been: Held as Scheduled-the Court admitted exhibits de bene; defense counsel may file a motion to strike testimony along with proposed Findings of Fact and Rulings of Law which may also be filed by plaintiff's counsel; further hearing will be scheduled-counsel to agree on further dates. Hon. Francis E Flannery, Presiding
  56. General correspondence regarding E-mail received from Attorney McDonald providing further dates agreed upon by counsel-8/16, 8/17, 8/23, 8/24, 8/30 & 8/31 Applies To: Houghton, Jr., Esq., Jack E (Attorney) on behalf of L D Associates, Inc (Defendant); McDonald, Esq., Dawn D (Attorney) on behalf of Trustees Of The Pines At Bousquet Mountain Condominium Trust (Plaintiff)

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