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Case Information

Filed 2023-08-28
Status Open
Type Equitable Remedies|Injunction
Docket 25 entries

Parties

Plaintiff Slainte Properties, Llc.
Defendant Coakley, Jr., Andy L.

Lawyers

Docket Entries

  1. Attorney appearance On this date Paul T Prew, Esq. added as Private Counsel for Plaintiff Slainte Properties, LLC.
  2. Case assigned to: DCM Track F - Fast Track was added on 08/28/2023
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Plaintiff(s) Slainte Properties, LLC.'s Application for Injunctive Relief.
  6. Affidavit in support of Application for Injunctive Relief.
  7. Slainte Properties, LLC.'s Memorandum in support of Plaintiff's Application for Injunctive Relief.
  8. Event Result:: Hearing on Preliminary Injunction scheduled on: 08/28/2023 02:00 PM Has been: Held as Scheduled Hon. Elaine M Buckley, Presiding Staff: Garrett Fregault, Assistant Clerk Magistrate Digital Recording Device Bris CV C, Court Reporter
  9. Endorsement on Application for a Preliminary Injunction (#3.0): ALLOWED Upon review, the Court finds that for the purpose of preliminary injunction/TRO the plaintiff has established a likelihood of success on the merits and that the balance of harms favors the plaintiff. Equally given the allegations in the Verified Complaint the Court finds that an Ex Parte Temporary Order is necessary and just. Judge: Buckley, Hon. Elaine M
  10. On Slainte Properties, LLC.'s application for a Temporary Restraining Order a Summons and Temporary Restraining order issued against Andy L. Coakley, Jr. after payment of $90.00, returnable on 09/07/2023 02:00 PM Hearing on Preliminary Injunction. Until such hearing, the named party and their various attorneys and agents must: allowing Plaintiff, by its manager or designated Agent, in the presence of a duly engaged member of the New Bedford Police, together with a locksmith if necessary, to access the premises at Unit 6, 822 Mt. Pleasant Street, New Bedford Massachusetts for the purpose of determining the conditions and use of the Leased premises. Such access to include photographing and filming the interior and exterior of the premises to determine activities therein and compliance with the terms of the Lease and to enable Plaintiff to make such reports to authorities with jurisdiction regarding the observations of the Plaintiff.
  11. Plaintiff Slainte Properties, LLC.'s Motion for Special Process Server (Robert J. VanDeusen)
  12. Endorsement on Motion for Special Process Server (Robert J. VanDeusen) (#5.0): ALLOWED Judge: Strojny, Aaron T
  13. Plaintiff(s) Slainte Properties, LLC.'s Application for Further Affirmative Relief
  14. Affidavit in Support of Further Application for Affirmative Relief
  15. Endorsement on Application for a Temporary Restraining Order (#6.0): ALLOWED Upon review, the Court finds under the facts and circumstances as set forth in counsel's affidavit that there exists a clear and present danger to the community in the state of the property at this time. The Court hereby authorizes the Plaintiff to secure the premises by way of padlock to safeguard against further illegal uses. Full hearing to be heard on 9/1/2023 at 2:00pm in New Bedford Superior Court. Judge: Buckley, Hon. Elaine M
  16. On Slainte Properties, LLC.'s application for a Temporary Restraining Order a Summons and Temporary Restraining order issued against Andy L. Coakley, Jr. after payment of $90.00, returnable on 09/07/2023 02:00 PM Hearing on Preliminary Injunction. Until such hearing, the named party and their various attorneys and agents must: to permit the Plaintiff, by its manager or designated Agent, in the presence of a constable to padlock and to safeguard against further illegal uses, the property known as Unit 6, located at 822 Mt. Pleasant Street, New Bedford, Massachusetts.
  17. Event Result:: Hearing on Preliminary Injunction scheduled on: 09/07/2023 02:00 PM Has been: Held as Scheduled Hon. Renee P Dupuis, Presiding Appeared: Plaintiff Paul T Prew, Esq., Private Counsel Staff: Dina Swanson, Assistant Clerk Magistrate Digital Recording Device Bris CV B, Court Reporter
  18. Affidavit of Slainte Properties, LLC Post Service of Temporary Order
  19. Endorsement on Application for Further Affirmative Relief (#6.0): ALLOWED The Order continues in full force & effect upon service on the Defendant. Judge: Dupuis, Hon. Renee P
  20. The restraining order dated, 08/30/2023, is hereby continued in force and effect until further order of the court.
  21. On Slainte Properties, LLC.'s application for a Preliminary Injunction, a Temporary Restraining Order issued against Andy L. Coakley, Jr. after payment of $90.00, returnable on 09/13/2023 02:00 PM Hearing on Preliminary Injunction . Until such hearing, the named party and their various attorneys and agents must: permit the Plaintiff, by its manager or designated Agent, in the presence of a constable to padlock and to safeguard against further illegal uses, the property known as Unit 6, located at 822 Mt. Pleasant Street, New Bedford, Massachusetts.
  22. Event Result:: Hearing on Preliminary Injunction scheduled on: 09/13/2023 02:00 PM Has been: Held as Scheduled Hon. Renee P Dupuis, Presiding Appeared: Plaintiff Paul T Prew, Esq., Private Counsel Defendant Andy L. Coakley, Jr. Staff: Dina Swanson, Assistant Clerk Magistrate Digital Recording Device Bris CV B, Court Reporter
  23. Event Result:: Hearing on Preliminary Injunction scheduled on: 09/20/2023 12:00 PM 09/20/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. Renee P Dupuis, Presiding
  24. Party(s) file Stipulation as to items to be removed from premises Applies To: Prew, Esq., Paul T (Attorney) on behalf of Slainte Properties, LLC. (Plaintiff)
  25. Temporary Restraining Order, returned SERVED Applies To: Coakley, Jr., Andy L. (Defendant)

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