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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-11-01
Status Closed
Type Miscellaneous|Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 29 entries

Parties

Plaintiff Garraud, Patrick
Defendant Dechaine, Theresa|Dechaine, Krystal

Lawyers

Docket Entries

  1. Verified Complaint for Specific Performance, filed.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 426282 Date: 11/01/2021
  4. Land Court surcharge Receipt: 426282 Date: 11/01/2021
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Short Order Motion for Approval of Memorandum of Lis Pendens, filed.
  7. Memorandum of Lis Pendens, filed.
  8. Short Order Motion for Approval of Memorandum of Lis Pendens, filed via email.
  9. Notice of Docket Entry: Short Order Motion ALLOWED. Hearing to be held on November 5, 2021 at 10:00 AM via Zoom. Defendants to be served by 12:00 PM on Thursday, November 4, 2021. Email notice to: Attorney Morjieta Derisier and Attorney Sheryl Furnari. Judge: Roberts, Hon. Jennifer S.D.
  10. Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Lis Pendens VIA ZOOM Date: 11/05/2021 Time: 10:00 AM Email notice to: Attorney Morjieta K. Derisier and Attorney Sheryl Furnari.
  11. The case has been assigned to the F Track. Notice sent.
  12. Summons returned to Court with service on Theresa Dechaine, Krystal Dechaine filed. As to Theresa Dechaine - 11/03/2021: Service of Summons and Hearing Notice for Lis Pendens, Instructions for Participating in Land Court Videoconference via Zoon, Notice of Judge and Track Assignment, by leaving at the last and usual place of abode and by mailing 1st class; As to Krystal Dechaine - 11/03/2021: Service of Service of Summons and Hearing Notice for Lis Pendens, Instructions for Participating in Land Court Videoconference via Zoon, Notice of Judge and Track Assignment, by leaving at the last and usual place of abode and by mailing 1st class
  13. Summons returned to Court with service on Theresa Dechaine filed. 11/03/2021: Service in hand (Summons and Complaint, Civil Action Cover Sheet, Verified Complaint and Exhibits).
  14. Event Resulted: Hearing on Short Order Motion for Approval of Memorandum of Lis Pendens ("the Motion") scheduled on: 11/05/2021 10:00 AM Has been: Held via video. Attorneys Sheryl Furnari and Morjieta K. Derisier appeared for plaintiff and no appearance was made by or on behalf of defendants. Attorneys Furnari and Derisier reported that they perfected service on the defendants on November 3, 2021. The court expressed its concern that the offer to purchase that is the subject of this action for specific performance may be unenforceable because of one or more conditions in it. The court advised counsel to review the relevant case law concerning the enforceability of offers to purchase. As this action constitutes a claim of right to title to real estate, the Motion is ALLOWED. An endorsement of the Memorandum Of Lis Pendens filed with the Motion will issue. Email notice to: Attorney Sheryl Furnari and Attorney Morjieta K. Derisier.
  15. Judicial Endorsement of Memorandum of Lis Pendens, issued. (Copy emailed to Attorneys Morjieta Derisier, and Sheryl Furnari) Judge: Roberts, Hon. Jennifer S.D.
  16. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference Date: 12/10/2021 Time: 09:30 AM
  17. Plaintiff's Case Management Memorandum, filed by email.
  18. Event Resulted: Case Management Conference scheduled on: 12/10/2021 09:30 AM Has been: Held via video. Attorney Sheryl Furnari appeared for plaintiff and no appearance was made by or on behalf of defendants. Attorney Furnari reported that the defendants have been unresponsive to her attempts to communicate with them regarding this matter. Attorney Furnari further reported that she is in the process of securing an affidavit from a broker involved with defendants that should support plaintiff's position that the offer to purchase at issue here is enforceable. Attorney Furnari is to file her Mass. R. Civ. P. 55 materials by January 24, 2022. Email notice to: Attorney Sheryl Furnari and Pro Se Defendant Theresa Dechaine.
  19. Email from Attorney Furnari on January 21, 2022, indicated: "Due to scheduling we are now holding the deposition regarding this case late next week. Can we please have a one week extension to the 31st to file our motion for default." ALLOWED. Date extended to January 31, 2022. Email notice to: Attorney Sheryl Furnari; Attorney Morjieta K. Derisier; and Pro Se Defendant Theresa Dechaine. Judge: Roberts, Hon. Jennifer S.D.
  20. Plaintiff's Request for Default Judgment (Pursuant to Rule 55(b)(1)), filed by email.
  21. Notice of Docket Entry: Plaintiff's Request For Default Judgment (Pursuant To Rule 55(b)(1))) is DENIED. Rule 55(b)(1) applies to claims that are for a sum certain or for a sum which can by computation be made certain. It is not applicable to this case. Email notice to: Attorney Sheryl Furnari; Attorney Morjieta K. Derisier; and Pro Se Defendant Theresa Dechaine. Judge: Roberts, Hon. Jennifer S.D.
  22. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Theresa Dechaine, Krystal Dechaine, filed.
  23. Defendant Theresa Dechaine, Krystal Dechaine defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  24. Plaintiff's Request for Default Judgment (Pursuant to Rule 55(b)(2)), filed by email.
  25. Affidavit In Support of Motion for Default Under Rule 55(b)(2), filed by email. (Note: Affidavit can be found at Exhibit D in Plaintiff's Request for Default Judgment (Pursuant to Rule 55(b)(2), filed by email on March 31, 2022).
  26. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference Date: 05/04/2022 Time: 10:00 AM
  27. Event Resulted: Status Conference scheduled on: 05/04/2022 10:00 AM Has been: Held via video. Attorney Sheryl Furnari appeared for plaintiff and no appearance was made by or on behalf of defendants. After review of plaintiff's request for entry of default judgment pursuant to Mass R. Civ. P. 55 (b) (2), the court outlined the following issues for counsel: (1) the offer to purchase which forms the basis of the complaint contains a time is of the essence clause for the consummation of a purchase and sale agreement, and the purchase and sale agreement in evidence was untimely; (2) the offer was contingent on the defendant finding "suitable housing," that term being too vague and the evidence before the court being inadequate to determine that the defendant rejected suitable housing; and (3) this court does not have jurisdiction over plaintiff's civil rights claims, Counts II and III. The foregoing taken into consideration, the court indicated that, based on the record before it, it is inclined to dismiss Count I of plaintiff's complaint with prejudice, and to dismiss the civil rights counts without prejudice in order to allow plaintiff to bring those claims in the proper forum. Attorney Furnari stated that she would discuss the issues raised by the court with her client and determine how to best proceed. The court set a deadline of May 18, 2022 for Attorney Furnari to provide an emailed status report to Sessions Clerk Hayes regarding those discussions, otherwise the case will be disposed of as outlined by the court. Email notice to: Attorney Sheryl Furnari. Hon. Jennifer S.D. Roberts, Presiding
  28. 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] null: File Copy Sent On: 05/05/2022 16:35:54
  29. Notice of Docket Entry: Further to the May 4, 2022 docket entry in this matter, no report having been received from Attorney Furnari by May 18, 2022, Count I of the complaint is dismissed with prejudice and Counts II and III are dismissed without prejudice for lack of jurisdiction. Email notice to: Attorney Sheryl Furnari and Attorney Morjieta K. Derisier. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Sheryl Furnari, Esq. [email protected] Plaintiff: Morjieta K Derisier, Esq. [email protected] null: File Copy Sent On: 05/19/2022 11:13:33

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