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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-07-20
Status Open
Type Miscellaneous|Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1 (k)
Docket 57 entries

Parties

Plaintiff Old Wharf Village Llc
Defendant Guess, Mark Y.|Guess, Kristen S.|Nagrath, Harish K.|Caputo, Lucia|Reilly, William D.|Reilly, Anna B.|Raymond, Martha|Gorney, Mark F.|King Gorney, Susan E.|Huron Properties, Inc.|Hurley, Timothy|Hurley, Gail|Sauter, Gail|Ding, Dan|Ding, Jean|Mac Donald, Sean Patrice|Thibodeaux, Julianne|Cazzaniga, Giovanni|Bombard, Tracy A.|Bombard, Jane A.|Bozeman, James R.|Ocean Peace,llc|Lpre, Llc|Mc Nellis, Kevin J.|Mc Nellis, Robin A.|Levine, Wendy|Bergeron, Tara|Ding, Yiping|Boghos, Nabil|Fontes, Anthony

Lawyers

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 442675 Date: 07/20/2023
  4. Land Court surcharge Receipt: 442675 Date: 07/20/2023
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Motion for Preliminary Injunction, filed.
  7. Memorandum in Support of Motion for Preliminary Injunction, filed.
  8. (Proposed)Order, filed.
  9. Plaintiff's Motion for Appointment of Special Process Server, filed.
  10. July 20, 2023. Plaintiff's Motion for Appointment of Special Process Server, APPROVED. (Patterson, Rec.) Notice of Docket Entry was generated and sent to: Plaintiff: Thomas P Campbell, III, Esq. [email protected] Sent On: 07/20/2023 15:48:44
  11. Motion for Short Order of Notice on Plaintiff's Motion for Preliminary Injunction, filed.
  12. Affidavit of Counsel, filed.
  13. The Court has reviewed, and DENIES, Old Wharf Village's motion for a short order of notice of a hearing on its motion for a preliminary injunction. Correspondence attached to OWV's Verified Complaint indicates that the parties' parking controversy has been going on for some time. Neither OWV's motion for a short order of notice, its motion for a preliminary injunction, nor its supporting memorandum identifies any new circumstance or exigency warranting an expedited hearing. Instead, the Court ORDERS the parties to appear at the Land Court on August 4, 2023, at 2:30 PM for a hearing on OWV's motion for a preliminary injunction. The Court ORDERS Old Wharf Village to serve a copy of this order, a summons, a copy of the complaint, a copy of all of OWV's motions, and all supporting materials on each of the defendants by no later than July 26, 2023, and to file a certificate of such service (or returns of service) by 3:00 PM on August 3, 2023. The Court ADVISES the parties that, pursuant to Rule 65(b)(2), Mass. R. Civ. P., the Court may advance and consolidate a trial on the merits of OWV's claims with a final hearing on OWV's motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Thomas P Campbell, III, Esq. [email protected] Sent On: 07/20/2023 16:30:38
  14. Hearing Notice issued on Application for Preliminary Injunction. Judge: Vhay, Hon. Michael D. Event: Hearing on Preliminary Injunction Date: 08/04/2023 Time: 02:30 PM
  15. Affidavit of Personal Service on Jane Bombard, filed.
  16. Affidavit of Personal Service on Kevin J. McNeills, filed.
  17. Affidavit of Personal Service on Lucia Caputo, filed.
  18. Affidavit of Service on Sean Patrice MacDonald, filed.
  19. Affidavit of Service on Martha Raymond, filed.
  20. Affidavit of Service on Robin A. McNellis, filed.
  21. Affidavit of Service on Tracy Allen Bombard, filed.
  22. Affidavit of Service on Yiping Ding, Yiping Ding Trustee of the Old Wharf Village Condominium Trust, filed.
  23. Affidavit of Service on Anthony Fontes, Anthony Fontes, Trustee of the Old Wharf Village Condominium, filed.
  24. Affidavit of Service on Nabil Boghos, of Nabil Boghos, Trustee of the Old Wharf Village Condominium, filed.
  25. Affidavit of Service on Dan Ding, filed.
  26. Affidavit of Service on Gail Hurley, filed.
  27. Affidavit of Service on Gail Sauter, filed.
  28. Affidavit of Service on Giovanni Cazzaniga, filed.
  29. Affidavit of Service on Harish K. Nagrath, filed.
  30. Affidavit of Service on Jack Donovan, Treasurer of Huron Properties, Inc, filed.
  31. Affidavit of Service on James R. Bozeman, filed.
  32. Affidavit of Service on Jean Ding, filed.
  33. Affidavit of Service on Julianne Thibodeaux, filed.
  34. Affidavit of Service on Kristen S. Guess, filed.
  35. Affidavit of Service on Nabil Boghos, Owner, of LPRE, LLC, filed.
  36. Affidavit of Service on Mark F. Gorny, filed.
  37. Affidavit of Service on Mark, Y. Guess, filed.
  38. Affidavit of Service on Carla Michaud, Owner of Ocean Peace, LLC, filed.
  39. Affidavit of Service on Anna B. Reilly, filed.
  40. Affidavit of Service on Susan E. King-Gorny, filed.
  41. Affidavit of Service on Tara Bergeron, filed.
  42. Affidavit of Service on Timothy Hurley, filed.
  43. Affidavit of Service on Wendy Levine, filed.
  44. Affidavit of Service on William D. Reilly, filed.
  45. Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, filed.
  46. Memorandum of Law in Support of Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, filed.
  47. Exhibits, filed.
  48. Affidavit of Monica L. Smith, filed.
  49. Reply Memorandum in Support of Motion for Preliminary Injunction, filed.
  50. Appearance of Paul Michael Tellier, Esq. for Old Wharf Village LLC, filed
  51. Event Resulted: Hearing on Preliminary Injunction scheduled on: 08/04/2023 02:30 PM Has been: Held in person Hon. Michael D. Vhay, Presiding
  52. Hearing held on Old Wharf Village, LLC's motion for a preliminary injunction. All parties appeared through counsel. For the reasons stated on the record of the hearing, the Court DENIES OWV's motion, without prejudice to its renewal upon a showing that the Town of Dennis is insisting that OWV make immediate repairs or improvements to the disputed parking spaces. The Court GRANTS Defendants leave to file by August 25, 2023, their answer and counterclaims. The Court ORDERS the parties to appear by telephone for a case-management conference on September 29, 2023, at 9:00 AM. A separate conference notice will issue. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Thomas P Campbell, III, Esq. [email protected] Plaintiff: Paul Michael Tellier, Esq. [email protected] Plaintiff: Joshua M Loveall, Esq. [email protected] Defendant: Edmund Arthur Allcock, Esq. [email protected] Sent On: 08/07/2023 07:58:34
  53. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 09/29/2023 Time: 09:00 AM
  54. Appearance of Sean T Regan, Esq. for Mark Y. Guess, Kristen S. Guess, Harish K. Nagrath, Lucia Caputo, William D. Reilly, Anna B. Reilly, Martha Raymond, Mark F. Gorney, Susan E. King-Gorney, Huron Properties, Inc., Gail Hurley, Timothy Hurley, Gail Sauter, Dan Ding, Jean Ding, Sean Patrice MacDonald, Julianne Thibodeaux, Tracy A. Bombard, Giovanni Cazzaniga, Jane A. Bombard, James R. Bozeman, Ocean Peace,LLC, LPRE, LLC, Kevin J. McNellis, Robin A. McNellis, Wendy Levine, Tara Bergeron, Yiping Ding Trustee of the Old Wharf Village Condominium Trust, Nabil Boghos Trustee of the Old Wharf Village Condominium Trust, Anthony Fontes Trustee of the Old Wharf Village Condominium Trust, filed
  55. Defendants' Answer and counterclaim to Plaintiff Old Wharf Village, LLC's Verified Complaint, filed.
  56. Affidavit of Monica L. Smith, filed.
  57. Plaintiff's Answer to Defendants' Counterclaim, filed.

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