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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-11-07
Status Open
Type Equitable Remedies|Injunction
Docket 64 entries

Parties

Plaintiff Town Of Wareham
Defendant Mc Mullen, Donald

Lawyers

Docket Entries

  1. Complaint electronically filed.
  2. Civil action cover sheet filed.
  3. Affidavit of Ray H.M. Doucette, Esq.
  4. Town Of Wareham's MOTION for appointment of Special Process Server.
  5. Case assigned to: DCM Track F - Fast Track was added on 11/07/2022
  6. Endorsement on Motion for Appointment of Special Process Server (#4.0): ALLOWED
  7. Case sent to Plymouth Superior - BROCKTON Location.
  8. Plaintiff Town Of Wareham's Motion for Preliminary Injunction
  9. Town Of Wareham's Memorandum of Law in Support of (Mo.#5)
  10. Town Of Wareham's Appendix of Exhibits
  11. Plaintiff Town Of Wareham's Motion for Short Order of Notice RE: Plaintiff's Motion for Preliminary Injunction
  12. Upon Plaintiff's request for an order of notice to show cause why the Preliminary Injunctionshall not be issued, returnable on 11/30/2022 02:00 PM Motion Hearing. The following party(s) is ordered to appear Donald McMullen.
  13. Upon Plaintiff's request for an order of notice to show cause why a Preliminary Injunctionmotion shall not be issued, returnable on 11/30/2022 02:00 PM Motion Hearing. The following party(s) is ordered to appear Town Of Wareham.
  14. Attorney appearance On this date Thomas D Orr, Esq. added as Private Counsel for Plaintiff Town Of Wareham
  15. Event Result:: Motion Hearing scheduled on: 11/30/2022 02:00 PM Has been: Held as Scheduled Hon. Elizabeth Dunigan, Presiding
  16. Endorsement on Motion for Preliminary Injunction (#5.0): No Action Taken after a hearing in which both sides appeared and were heard, this court takes NO ACTION on the request for Pre-Limitary Injunction matter continued 30 days till January 3, 2023 for defendant to hire an attorney or represent himself at the next hearing date. Judge: Dunigan, Hon. Elizabeth
  17. Notice sent to all parties to Appear for a Motion Hearing on 1/3/2023 at 2:00pm in Civil A
  18. Attorney appearance On this date Jordan James Rodrigues, Esq. added for Defendant Donald McMullen
  19. Event Result:: Motion Hearing scheduled on: 01/03/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Plaintiff Conrod Boone, Presiding
  20. Plaintiff Town Of Wareham's Joint Motion to continue motion hearing
  21. Endorsement on Motion to continue (#11.0): ALLOWED Continued to 1-20-2023 @10:00AM Judge: Gildea, Hon. Mark
  22. The following form was generated: Notice to Appear on 1-20-2023 for a Motion Hearing @10:00AM in Plymouth Superior Court @the BROCKTON Location in the "A" session Sent On: 01/11/2023 10:05:49
  23. The following form was generated: A Notice to Appear was generated and sent to: Plaintiff, Attorney: Thomas D Orr, Esq. Brown Legal PLLC 10 Liberty Square 6th Floor, Boston, MA 02109 Plaintiff, Attorney: Ray H Doucette, Esq. Brown Legal PLLC 10 Liberty Square 6th Floor, Boston, MA 02109 Defendant, Attorney: Jordan James Rodrigues, Esq. Rodrigues Law Group LLC 2499 Cranberry Highway Suite 3, Wareham, MA 02571
  24. Town Of Wareham's Memorandum in Further Support of (Mo.#5) (Supplemental); Exhibits Attached
  25. Town Of Wareham's Memorandum (Amended Supplemental) in Further Support to (Mo.#5); Exhibits Attached
  26. Donald McMullen's Memorandum in Opposition to (Mo.#5); Exhibits Attached
  27. Proposed Filings/Orders (Amended)
  28. After hearing , see record Case continued to January 30, 2023 at 2pm for status of progress of removal of items of property Case continued to March 9, 2023 at 2pm for status of progress of removal of items of property ftr
  29. Event Result:: Conference to Review Status scheduled on: 01/25/2023 04:00 PM Has been: Canceled For the following reason: By Court prior to date Conrod Boone, Presiding
  30. Event Result:: Conference to Review Status scheduled on: 01/30/2023 02:00 PM Has been: Held as Scheduled Photographs marked as ID-A List of Removed Documents marked as ID-B. Hon. Mark Gildea, Presiding
  31. Matter taken under advisement: Conference to Review Status scheduled on: 02/01/2023 04:00 PM Has been: Held - Under advisement Hon. Mark Gildea, Presiding
  32. Endorsement on Motion for Preliminary Injunction (#5.0): Other action taken Allowed in part. Denied in part. Judge: Gildea, Hon. Mark
  33. ORDER: Preliminary Injunction Issued. It is hereby ORDERED That: pending further order of the Court: 1. The Defedant shall remove all of his personal property from the Premises that he desires to keep no later than 75 days from the date of this Order. The Town shall utilize its best efforts to accommodate any reasonable requests for access by Mr. McMullen for sole purpose or removing his belongings. 2. All of Defendant's personal property that remains on the Premises after 75 Days from the date of this Order is hereby deemed and declared abandoned. 3. The Defendant is further enjoined from engaging in any commercial activity while present at 16 Wareham Avenue. 4. The Defendant is enjoined from transferring any of his commercial activities and equipment, including vehicles to the structure and property located at 23 Wareham Avenue. 5. The Defendant is precluded from entering onto or within the property located at 16 Wareham Avenue absent having arranged for and obtained access to the Premises by the Town. Any entry by the Defendant onto the Premise (Exterior or Interior) without following that process shall be criminal trespass. 6. This order shall be reviewed at a hearing on March 23 , 2023 at 2:00pm
  34. Attorney appearance On this date Ray H Doucette, Esq. dismissed/withdrawn as Private Counsel for Plaintiff Town Of Wareham
  35. Event Result:: Conference to Review Status scheduled on: 03/09/2023 02:00 PM Has been: Rescheduled For the following reason: Court Order Conrod Boone, Presiding
  36. Plaintiff Town Of Wareham's Notice of status update
  37. Attorney appearance On this date Peter Brown, Esq. added as Private Counsel for Plaintiff Town Of Wareham
  38. Event Result:: Conference to Review Status scheduled on: 03/23/2023 02:00 PM Has been: Held-Under Advisement. Defendant counsel files emergency motion to withdraw as counsel After hearing, that motion is allowed. Hon. Mark Gildea, Presiding
  39. Defendant Donald McMullen's EMERGENCY Motion to withdraw as counsel for defendant
  40. Affidavit of of Jordan J. Rodrigues in support of emergency motion to withdraw as counsel for defendant
  41. Attorney appearance On this date Pro Se added for Defendant Donald McMullen
  42. Affidavit supplemental affidavit of Patrick Macdonald in support of plaintiff's status update
  43. Attorney appearance On this date Jordan James Rodrigues, Esq. dismissed/withdrawn for Defendant Donald McMullen
  44. Endorsement on Notice of status uppdate (#16.0): Other action taken This matter came before me yesterday for review of my order of February 1, 2023, and for a report of the status of Mr. McMullen¿s efforts to remove his personal property from 16 Wareham Ave, Wareham, MA (the ¿Premises¿). Although Mr. McMullen feels that he has been making progress and working hard, the Town disagrees. I remain concerned as to the amount of progress and because it appears Mr. McMullen has moved some personal property to his property at 23 Wareham Avenue. However, the Town reports that it is using other remedies to address the situation at 23 Wareham Avenue (and across the street). Mr. McMullen presented a use and occupancy agreement for property in Wareham that he intends to use for storage. The court is concerned Mr. McMullen is not grasping the significance of the situation that he faces but will give him the time set forth in my order of February 1, 2023 and will not shorten the period as requested by the Town. Mr. McMullen has until the 75th day as set forth in that order. Mr. McMullen is put on notice that given what I have seen to date I find it difficult that I would be persuaded to give him any more time. As I am concerned that Mr. McMullen will not complete removal of his personal property by the 75th day, this matter is scheduled for further hearing on April 18, 2023 at 3:30 p.m. for consideration of any request of the Town to prevent Mr. McMullen from accessing the property.
  45. Event Result:: Conference to Review Status scheduled on: 04/18/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Conrod Boone, Presiding
  46. Defendant Donald McMullen's EMERGENCY Motion to stop Plaintiff from removing defendant's personal property from 16 Wareham Avenue and to allow defendant to continue to clean the property or wait to have the matter heard at the next scheduled status hearing on May 19, 2023
  47. Upon Defendant's request for an order of notice to show cause why a Temporary Restraining Ordershall not be granted, returnable on 04/24/2023 02:00 PM Motion Hearing. The following party(s) is ordered to appear Town Of Wareham.
  48. Endorsement on Motion to stop plaintiff from removing defendant's personal property from 16 Wareham Avenue and to allow defendant to continue to clean the property or wait to have the matter heard at the next scheduled status hearing on May 19, 2023 (#21.0): Other action taken order of notice to issue for 4/24/23 at 2pm
  49. Opposition to Defendant's Motion To Modify The Court's February 1, 2023 Preliminary Injunction filed by Town Of Wareham
  50. Matter taken under advisement: Motion Hearing scheduled on: 04/24/2023 02:00 PM Has been: Held - Under advisement Comments: FTR Hon. Michael A Cahillane, Presiding
  51. Endorsement on Motion to stop Plaintiff from removing defendant's personal property from 16 Wareham Avenue and to allow defendant to continue to clean the property or wait to have the matter heard at the next scheduled status hearing on May 19, 2023 (#21.0): DENIED See decision and order
  52. ORDER: and Decision on Defendant's emergency motion to stop Plaintiff from removing Defendant's personal property from 16 Wareham Avenue and to allow Defendant to continue to clean the property or wait to have the matter heard at the next scheduled status hearing on May 19, 2023 For the foregoing reasons, the defendant's motion is DENIED cc: P.B., T.O., D.M.
  53. Event Result:: Conference to Review Status scheduled on: 05/19/2023 10:00 AM Has been: Not Held For the following reason: Transferred to another session Hon. Mark Gildea, Presiding
  54. Event Result:: Conference to Review Status scheduled on: 05/19/2023 10:30 AM Has been: Held as Scheduled Comments: after hearing case continued until May 26, 2023 at 10:00 for further hearing Hon. Mark Gildea, Presiding
  55. Docket Note: due to clerical error, endorsement on emergency motion pleading #21 dated 4/20/23 was changed to reflect an issuance of an order of notice to enter for hearing on a temporary restraining order on 4/24/23. the emergency motion was not allowed.
  56. Event Result:: Conference to Review Status scheduled on: 05/26/2023 10:00 AM Has been: Held as Scheduled For the following reason: Defendant failed to appear Comments: Plaintiff's counsel present; defendant did not appear. FTR Hon. Mark Gildea, Presiding
  57. Plaintiff Town Of Wareham's Motion to dismiss due to mootness
  58. Certificate of Compliance Superior Court Rule 9C
  59. Affidavit of compliance with Superior Court Rule 9A Applies To: Orr, Esq., Thomas D (Attorney) on behalf of Town Of Wareham (Plaintiff)
  60. Rule 9A notice of filing and list of documents pursuant to Rule 9A
  61. After hearing case continued to 8/15/23 at 2:00 PM in the 3rd Criminal Session before Judge Gildea for further hearing on Plaintiff's Motion to Dismiss (Gildea, J.) FTR
  62. Event Result:: Motion Hearing scheduled on: 08/15/2023 02:00 PM Has been: Held as Scheduled Hon. Mark Gildea, Presiding
  63. Endorsement on Motion to dismiss all counts (#25.0): ALLOWED Initial hearing held on July 18, 2023 at which time the matter was continued until today. The defendant having filed an objection today, and further hearing was held today. Upon consideration of the motion and objection and argument made the motion is allowed. (the dismissal is without prejudice to the defendant filing an action ina timely manner against the town if he desires to do so Judge: Gildea, Hon. Mark
  64. Defendant(s) Donald McMullen's Motion to compel plaintiff to obey previous orders on Contempt; filed and denied after hearing Judge: Gildea, Hon. Mark

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