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Case Information
Filed
2021-11-01
Status
Open
Type
Miscellaneous|Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket
37 entries
Parties
Plaintiff
Dossantos, Joao
Defendant
Myers, Leroy
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 426281 Date: 11/01/2021
- Land Court surcharge Receipt: 426281 Date: 11/01/2021
- Motion to Prevent the Sale of Real Property, filed.
- Short Order on Motion to Prevent the Sale of Real Property, filed. ISSUED.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Smith, Hon. Kevin T. Event: Hearing on Preliminary Injunction Date: 11/05/2021 Time: 02:30 PM
- Event Resulted: Hearing on Preliminary Injunction scheduled on: 11/05/2021 02:30 PM Has been: Held via video Hon. Kevin T. Smith, Presiding November 5, 2021. Hearing on plaintiff's motion to prevent the sale of real estate held by videoconference. Attorney Morjieta K. Derisier appeared for the plaintiff. No defendant appeared. The plaintiff has brought this action for specific performance of a purchase and sale agreement for the property known as and numbered 67 Ceylon Street, Dorchester. The hearing on plaintiff's motion to prevent the sale of real estate is hereby CONTINUED until Friday, November 12, 2021 at 3:30 p.m. The court instructed plaintiff's counsel to provide to the court an email address or other contact information for the defendant, if known. (Smith, J.)
- Hearing Notice issued on Application for Lis Pendens. Judge: Smith, Hon. Kevin T. Event: Hearing on Lis Pendens Date: 11/12/2021 Time: 03:30 PM
- Appearance of Neil J Berman, Esq. for Leroy Myers, filed
- Event Resulted: Hearing on Lis Pendens scheduled on: 11/12/2021 03:30 PM Has been: Held via video Hon. Kevin T. Smith, Presiding November 12, 2021. Hearing on plaintiff's motion to prevent the sale of real estate held by videoconference. Attorneys Sheryl Furnari and Morjieta J. Derisier appeared for the plaintiff, and Attorney Neil Berman appeared for the defendant. Following colloquy, the court DENIED the plaintiff's motion to prevent the sale of real estate without prejudice because the plaintiff has failed to provide sufficient evidence to establish a likelihood of success on the merits. Counsel for the plaintiff indicated that she will likely file a motion for endorsement of memorandum of lis pendens. The court will next schedule a case management conference in the ordinary course. (Smith, J.)
- The case has been assigned to the F Track. Notice sent.
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 11/30/2021 Time: 11:00 AM
- Case Management Memorandum, filed (by email).
- Event Resulted: Case Management Conference scheduled on: 11/30/2021 11:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding November 30, 2021. Case management conference held by videoconference. Attorney Sheryl Furnari appeared for the plaintiff, and Attorney Neil Berman appeared for the defendant. The parties proposed a discovery plan and motion schedule which the court adopted as follows: designation of expert witnesses and provision of expert witness disclosures by no later than March 30, 2022; service of all discovery requests and completion of all depositions on or before May 30, 2022; dispositive motions, including motions for summary judgment pursuant to Mass. R. Civ. P. 56, filed and served on or before September 30, 2022. Following colloquy, the court ordered the parties to participate in a mediation screening by no later than December 29, 2021. Counsel are urged to encourage their clients to participate in the mediation screening. Counsel to file a joint written status report by January 6, 2022 updating the court on whether the parties have agreed to submit this matter to mediation. (Smith, J.)
- Order Referring Case to Dispute Resolution Screening Session, ISSUED (Smith, J.). Judge: Smith, Hon. Kevin T.
- ADR referral to REBA Dispute Resolution, Inc. issued. Judge: Smith, Hon. Kevin T.
- Answer of Leroy Myers filed.
- Return of Service, from Constable, with proof that the Complaint, Short Order, Motion to Prevent Sale Delivered in Hand to last and usual place of abode on November 3, 2021.
- Order to Show Cause, issued. (Copies emailed to Sheryl Furnari, Esq., Morjieta K Derisier, Esq. and Neil J Berman, Esq) Judge: Smith, Hon. Kevin T.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 06/28/2023 Time: 09:30 AM
- Event Resulted: Status Conference scheduled on: 06/28/2023 09:30 AM Has been: Rescheduled For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
- Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 06/29/2023 Time: 11:15 AM
- Event Resulted: Status Conference scheduled on: 06/29/2023 11:15 AM Has been: Held via video Hon. Kevin T. Smith, Presiding June 29, 2023. Status conference held via videoconference. Attorney Sheryl Furnani appeared for the plaintiff. Attorney Neil Berman appeared for the defendants. The plaintiff has filed a motion for summary judgment and requested a hearing date. Both lawyers informed the court that they believe summary judgment is appropriate as the only dispute concerns the legal issue of whether the purchase and sale agreement between the parties is still enforceable. The parties requested a hearing in August or early September. The court will review the motion papers and schedule a hearing at the earliest convenient time. (Smith, J.).
- Table of Contents and Certificate of Service for Motion for Summary Judgement; Statement of Material Facts and Memorandum in Support of the Motion for Summary Judgement; Exhibits in Support of the Motion; Opposition by Defendants; and Reply to Opposition, filed.
- Plaintiff Joao Dossantos' Motion for Summary Judgement, filed.
- Plaintiff Joao Dossantos Statement of Undisputed Material Facts, filed.
- Plaintiff's Joao Dossantos Memorandum of Law in Support of his Motion for Summary Judgement, filed.
- Plaintiff Joao Dossantos' List of Exhibits in Support of his Motion for Summary Judgement, filed.
- Defendant's Opposition to Plaintiff's Motion for Summary Judgement and Cross-Motion for Summary Judgement and Dismissal, filed.
- Plaintiff Joao Dossantos' Reply to Defendant's Opposition to Plaintiff's Motion for Summary Judgement and Opposition to Defendants' Cross Motion for Summary Judgement, filed.
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Sheryl Furnari, Esq. [email protected] Plaintiff: Morjieta K Derisier, Esq. [email protected] Defendant: Neil J Berman, Esq. [email protected] Sent On: 07/03/2023 12:28:38
- Scheduled Judge: Smith, Hon. Kevin T. Event: Summary Judgment Hearing Date: 08/02/2023 Time: 09:30 AM
- Event Resulted: Summary Judgment Hearing scheduled on: 08/02/2023 09:30 AM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Kevin T. Smith, Presiding
- Scheduled Judge: Smith, Hon. Kevin T. Event: Summary Judgment Hearing Date: 08/04/2023 Time: 09:00 AM
- Event Resulted: Summary Judgment Hearing scheduled on: 08/04/2023 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding August 4, 2023. Motion hearing held via videoconference. Attorney Sheryl Furnari appeared for the plaintiff. Attorney Neil Berman appeared for the defendants. Before the court were the parties' cross-motions for summary judgment. Attorney Furnari argued for the plaintiff that there is no genuine dispute of material fact, and therefore that the court should enter judgment for the plaintiff that the 2018 purchase and sale agreement is still enforceable on the parties. Attorney Berman argued for the defendant that the purchase and sale agreement terminated when the parties failed to execute a written extension agreement in September 2018. In addition, even if an extension was discussed in or after the fall of 2018, the indefinite nature of such an extension, in light of the amount of time that has passed, the status of the probate action during that time, and the fact that new heirs have been identified in the estate of Louis Myers, all preclude a finding that the purchase and sale agreement is still enforceable. Attorney Berman also reported to the court that the probate court has recently issued a final accounting in the Estate of Louis Myers and, as a result, all heirs of the estate have been affirmatively identified. Attorney Furnari indicated that, in light of this recent change in circumstances, she will consider whether to amend the complaint to name all the heirs of the Estate of Louis Myers. Following argument, the court took the matter under advisement; a decision will issue in due course. In the meantime, the court asked Attorney Furnari to update the court about the plaintiff's financing status and a timeline for closing, in the event that the court finds that the purchase and sale agreement is binding on the parties and the sale must go forward. For the sake of judicial efficiency, pending the court's decision, Attorney Furnari will file a proposed judgment detailing the relief requested by the plaintiff. Attorney Berman will have an opportunity to oppose or supplement the proposed judgment. (Smith, J.).
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