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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-05-04
Status Open
Type Equitable Remedies|Injunction
Docket 40 entries

Parties

Plaintiff Shafto, Michael
Defendant Dowd, Jonathan|Rudnick, Ronald|Dowd, Carlyn

Lawyers

Docket Entries

  1. Complaint WITH JURY CLAIM electronically filed.
  2. Civil action cover sheet filed.
  3. Michael Shafto's MOTION for appointment of Special Process Server.
  4. Endorsement on Motion for Appointment of Process Server (#3.0): ALLOWED Judge: Manning, Robert
  5. Service Returned for Defendant Dowd, Jonathan: Service made at last and usual; at 119 Misty Meadow Lane, Unit 8, Chatham, MA, on May 10, 2023.
  6. Service Returned for Defendant Ronald Rudnick Trustee of The Meadows Condominium: Service through person in charge / agent; Cindy Barr, at 1455 Main Street, Chatham, MA 02633, on May 10, 2023.
  7. Service Returned for Defendant Carlyn Dowd Trustee of Carolyn B. Dowd Family Trust u/d/t July 1, 2003: Service made in hand; at 175 Tonset Road, Orleans, MA, on May 10, 2023.
  8. APPEARANCE; on this date, Julie K Woodward, Esq., added as Private Counsel for Defendant Carlyn Dowd Trustee of Carolyn B. Dowd Family Trust u/d/t July 1, 2003.
  9. APPEARANCE: On this date Robert F Mills, Esq. added as Private Counsel for Defendant Jonathan Dowd
  10. Defendant Carlyn Dowd Trustee of Carolyn B. Dowd Family Trust u/d/t July 1, 2003's Notice of Motion to Dismiss pursuant to Superior Court Rule 9E
  11. APPEARANCE; on this date, Patrick Driscoll, Esq., added as Private Counsel for Defendant Ronald Rudnick Trustee of The Meadows Condominium.
  12. APPEARANCE; on this, date Kathryn E Karacia, Esq., added as Private Counsel for Defendant Ronald Rudnick Trustee of The Meadows Condominium.
  13. ANSWER TO ORIGINAL COMPLAINT FILED by Robert F. Mills, Esq., for Jonathan Dowd
  14. Rule 9A list of documents filed.
  15. Defendant Carlyn Dowd Trustee of Carolyn B. Dowd Family Trust u/d/t July 1, 2003's Motion to dismiss all counts
  16. Carlyn Dowd Trustee of Carolyn B. Dowd Family Trust u/d/t July 1, 2003's Memorandum in support of motion to dismiss
  17. Defendant Jonathan Dowd's Notice of ASSENT to Co-Defendant, Carolyn Dowd's Motion to Dismiss
  18. Opposition to motion to Dismiss P # 13.1 filed by Michael Shafto
  19. Brief filed: Reply to opposition to motion to dismiss Applies To: Carlyn Dowd Trustee of Carolyn B. Dowd Family Trust u/d/t July 1, 2003 (Defendant)
  20. Rule 9A list of documents filed. with Notice of Filing Applies To: Kohls, Esq., Sara J (Attorney) on behalf of Shafto, Michael (Plaintiff)
  21. Plaintiff(s) Michael Shafto's Motion for a Preliminary Injunction
  22. Michael Shafto's Memorandum in support of P#14.1, Plaintiff's Motion for Preliminary Injunction
  23. Affidavit of Michael Shafto
  24. Opposition to P#14.1, Plaintiff's Motion for Preliminary Injunction filed by Carlyn Dowd Trustee of Carolyn B. Dowd Family Trust u/d/t July 1, 2003
  25. Brief filed: Reply to P#14.4, Defendant, Carlyn Dowd Trustee's opposition to Plaintiff's motion for preliminary injunction Applies To: Kohls, Esq., Sara J (Attorney) on behalf of Shafto, Michael (Plaintiff)
  26. Opposition to P#14.1, Plaintiff's Motion for Preliminary Injunction filed by Jonathan Dowd
  27. Brief filed: Reply to P#14.6, Defendant Jonathan Dowd's Opposition to P#14.1 Plaintiff's motion for preliminary injunction Applies To: Kohls, Esq., Sara J (Attorney) on behalf of Shafto, Michael (Plaintiff)
  28. Opposition to P#14.1, Plaintiff's Motion for Preliminary Injunction filed by Ronald Rudnick Trustee of The Meadows Condominium
  29. Brief filed: Reply to P#14.8, Defendant Rudnick's opposition to Plaintiff's motion for preliminary injunction Applies To: Kohls, Esq., Sara J (Attorney) on behalf of Shafto, Michael (Plaintiff)
  30. Affidavit of compliance with Superior Court Rule 9A with Certificate of Service Applies To: Kohls, Esq., Sara J (Attorney) on behalf of Shafto, Michael (Plaintiff)
  31. Rule 9A list of documents filed.
  32. Defendant Ronald Rudnick Trustee of The Meadows Condominium's Motion to dismiss all counts (With Incorporated Memorandum of Law)
  33. Opposition to P#15.1 filed by Michael Shafto
  34. Defendant Ronald Rudnick Trustee of The Meadows Condominium's Reply to Plaintiff's opposition to Motion to Dismiss (P#15.1)
  35. Exhibits/Appendix
  36. Request for hearing filed Applies To: Driscoll, Esq., Patrick (Attorney) on behalf of Ronald Rudnick Trustee of The Meadows Condominium (Defendant)
  37. Affidavit of compliance with Superior Court Rule 9A, Superior Court Rule 9C Applies To: Driscoll, Esq., Patrick (Attorney) on behalf of Ronald Rudnick Trustee of The Meadows Condominium (Defendant)
  38. Event Result:: Rule 12 Hearing scheduled on: 10/03/2023 02:00 PM. Has been: Rescheduled. For the following reason: Joint request of parties Unassigned, Presiding
  39. Hearing on Preliminary Injunction scheduled on 09/19/2023: Held - Under advisement Comments: 2nd Session: FTR (CMH) Appeared: Plaintiff - Sara J Kohls, Esq. Defendant - Robert F Mills, Esq. Patrick Driscoll, Esq. Julie K Woodward, Esq.
  40. Endorsement on Motion for a Preliminary Injunction (#14.1): Other action taken After hearing ALLOWED as follows: [UPON PAYMENT OF $90.00] Defendant Jon Dowd, is prohibited from smoking tobacco products in his unit. Such activity has created an intolerable nuisance and health hazard to Plaintiff. All other requested relief is DENIED. Clerk's Notice emailed on 09/20/2023 to Sara J Kohls, Esq., [email protected]; Robert F Mills, Esq., [email protected]; Patrick Driscoll, Esq., [email protected]; Kathryn E Karacia, Esq., [email protected]; Julie K Woodward, Esq., [email protected]

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