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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-11-03
Status Closed
Type Miscellaneous|Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 18 entries

Parties

Plaintiff R.j. Kelly Acquisition Llc
Defendant Pizzuti, Donato

Lawyers

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 426355 Date: 11/03/2021
  4. Land Court surcharge Receipt: 426355 Date: 11/03/2021
  5. Land Court summons Receipt: 426355 Date: 11/03/2021
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Plaintiff's Motion for Short Order of Notice, filed. ALLOWED, Hearing to be held on November 12 by Zoom.
  8. Plaintiff's Motion for Endorsement of Memorandum of Lis Pendens, filed.
  9. Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Smith, Hon. Kevin T. Event: Hearing on Lis Pendens Date: 11/12/2021 Time: 02:30 PM
  10. Appearance of James W Murphy, Esq. for Donato Pizzuti Trustee of the CCC Realty Trust, filed
  11. Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Endorsement of Lis Pendens, filed (by email).
  12. Affidavit of Gareth Orsmond in Opposition to Plaintiff's Motion for Endorsement of Lis Pendens, filed (by email).
  13. Affidavit of Tina Brzezenski in Opposition to Plaintiff's Motion for Endorsement of Lis Pendens, filed (by email).
  14. Plaintiff's Motion for Leave to File Reply in Further Support of Its Motion for Endorsement of Memorandum of Lis Pendens, filed (by email).
  15. Event Resulted: Hearing on Lis Pendens scheduled on: 11/12/2021 02:30 PM Has been: Held via video Hon. Kevin T. Smith, Presiding November 12, 2021. Hearing on motion for endorsement of memorandum of lis pendens held by videoconference. Attorneys Dallin Wilson and Erik Weibust appeared for the plaintiff. Attorney James W. Murphy appeared for the defendant. The plaintiff has brought this action for specific performance of a contract under G.L. c.185, §1(k). The court heard arguments on the motion. The plaintiff asserts that the contemplated transaction affects title to or the use and occupancy of real property, while the defendant argues that the agreement involves the transfer of membership interest in a yet-to-be-formed limited liability company, which the defendant avers is a personal property right and is thus not subject to the lis pendens statute G.L. c.184 §15. Following argument, the court took the motion under advisement. Counsel for the plaintiff indicated that he will provide the court with further information on the specifics of the tax parcels at issue. Should counsel for the defendant choose to file a response to the plaintiff's reply in further support of its motion for endorsement of lis pendens, he should do so by no later than Monday, November 22, 2021. (Smith, J.)
  16. Plaintiff's Supplemental Memorandum in Support of its Motion for Endorsement of Memorandum of Lis Pendens, filed (by email).
  17. Defendant's Supplemental Memorandum of Law in Opposition to Plaintiff's Motion for Endorsement of Lis Pendens, filed (by email).
  18. Stipulation of Dismissal with Prejudice, filed (by email).

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