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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-01
Status Closed
Type Accounting
Docket 50 entries
Disposition disposed by agreement / settled

Parties

Plaintiff Alfred Gandolfo, Individually And As Beneficiary Of The Gay Family Realty Trust|Elizabeth Gandolfo, Individually And As Beneficiary Of The Gay Family Realty Trust
Defendant Donna Gay, Individually And As Trustee And

Lawyers

Docket Entries

  1. Event Result:: Final Pre-Trial Conference scheduled on: 11/05/2026 02:00 PM Has been: Not Held For the following reason: Case Settled Hon. Salim Tabit, Presiding Staff: Nancy Keller, Assistant Clerk Magistrate
  2. Civil action cover sheet filed.
  3. Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust, Elizabeth Gandolfo, Individually and as Beneficiary The Gay Family Realty Trust's MOTION for appointment of Special Process Server.
  4. Plaintiffs(s) Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust, Elizabeth Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust's MOTION for Short Order of Notice on Plaintiffs' Motion for Preliminary Injunctive Relief and for an Accounting Pursuant to the Terms of the Subject Trusts and G.L. c. 203E, section 813 Applies To: Sachs, Esq., Keith Lawrence (Attorney) on behalf of Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust (Plaintiff)
  5. Plaintiffs Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust, Elizabeth Gandolfo, Individually and as Beneficiary The Gay Family Realty Trust's Submission of Combined Motion and Memorandum of Law for Preliminary Injunctive Relief and For an Accounting Pursuant to the Terms of the Subject Trust and G.L.c. 203E, section 813
  6. Demand for jury trial entered.
  7. Case assigned to: DCM Track A - Average was added on 03/01/2023
  8. Endorsement on Motion for Special Process Server (#3.0): ALLOWED
  9. The following form was generated: Notice to Appear Sent On: 03/07/2023 12:49:18
  10. Endorsement on Motion for a Preliminary Injunction and for an accounting pursuant to the terms of the subject trusts and G.L.c.203E, sec 813 (#4.0): Summons and Order of Notice to issue returnable to the Lawrence Superior Court on 3/23/23 @2:30pm
  11. Summons and order of notice issued on a Motion for a Preliminary Injunction for an accounting pursuant to the terms of the subject trust and G.L.c.203E sec 813, returnable on 03/23/2023 02:30 PM Hearing on Preliminary Injunction.
  12. Plaintiff Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust, Elizabeth Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust's Joint Motion to continue / reschedule an event 03/23/2023 02:30 PM Hearing on Preliminary Injunction and For an Accounting to March 30,2023.
  13. Attorney appearance On this date Michael F Connolly, Esq. added for Defendant Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust
  14. Endorsement on Motion to continue / reschedule an event Joint Motion to continue / reschedule an event 03/23/2023 02:30 PM Hearing on Preliminary Injunction and For an Accounting to March 30,2023. (#7.0): ALLOWED Allowed. The hearing is rescheduled to 3/30/23 @ 2:30 PM. Judge: Howe, Hon. Janice W
  15. Event Result:: Hearing on Preliminary Injunction scheduled on: 03/23/2023 02:30 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Janice W Howe, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
  16. The following form was generated: Notice to Appear Sent On: 03/23/2023 13:32:40
  17. Case file images: Notice to Appear for Hearing on Preliminary Injunction (3/30/23)
  18. Event Result:: Hearing on Preliminary Injunction scheduled on: 03/30/2023 02:30 PM Has been: Rescheduled For the following reason: Not reached by Court Hon. Janice W Howe, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
  19. The following form was generated: Notice to Appear Sent On: 04/07/2023 14:57:06
  20. Case file images: Notice to Appear for Hearing on Preliminary Injunction (4/20/23)
  21. Opposition to to Plaintiff's Motion for Preliminary Injunctive Relief and for an Accounting Pursuant to the Terms of the Subject Trust and G.L.C.203E,section 813 filed by Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust
  22. Affidavit Applies To: Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust (Defendant)
  23. Attorney appearance electronically filed. Applies To: Feit, Esq., Maxwell B (Attorney) on behalf of Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust (Defendant)
  24. Attorney appearance On this date Robert A Fasanella, Esq. added for Defendant Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust
  25. Summons, Short Order of Notice, Preliminary Injunction, returned SERVED Summons and Short Order of Notice, Civil Tracking Order, Civil Action Cover Sheet, Verified Complaint (w/Exhibit A), Plaintiffs' Motion to Appoint Special Process Server, and Plaintiffs' Combined Motion and Memorandum of Law for Preliminary Injunctive Relief and for an Accounting served IN-HAND personal service to Donna Ga, 10 Hereford Rd. Marblehead, MA 01945 on March 10, 2023 by Constable James Barina. Applies To: Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust (Defendant)
  26. Event Result:: Hearing on Preliminary Injunction scheduled on: 04/20/2023 02:30 PM Has been: Held as Scheduled Comments: No Action Taken. Parties to report back on status of Preliminary Injunction w/in 60 days (by 6/20/23). If issue remains, matter will be marked for another hearing. Defendant is to serve Rule 12 papers by 6/20/23. No Answer to be filed until any action is taken by the court on any Motion to Dismiss. FTR - Courtroom 2 2:32:34 - 2:51:05 PM Hon. Salim Tabit, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
  27. Defendant Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust's Notice of Status Report
  28. Endorsement on Motion for a Preliminary Injunction (Opposition) (#8.0): DENIED After hearing, and the court's satisfaction that many of the concerns raised by the plaintiff have been, or are being addressed, the plaintiff's motion is denied. The court finds that the plaintiff has failed to meet the burden required of him under a preliminary injunction standard. See Planned Parenthood League v. Bellotti, 641 F. 2d 1006, 1009 (1st cir. 1981). Packaging Indus. Group, Inc. v. Cheney, 380 mass. 609, 617 (1980).
  29. Withdrawal of Attorney appearance electronically filed. Applies To: Feit, Esq., Maxwell B (Attorney) on behalf of Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust (Defendant)
  30. ORDER sent for Status Review, if notice is not received by 10/30/2023 the complaint will be dismissed.
  31. Plaintiffs Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust, Elizabeth Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust's Joint Motion to continue / reschedule an event 03/23/2023 02:30 PM Hearing on Preliminary Injunction and for an accounting to March 30, 2023
  32. Status review notice returned Defendants will be filing motion to dismiss within next 15-20 days Applies To: Sachs, Esq., Keith Lawrence (Attorney) on behalf of Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust (Plaintiff)
  33. Defendant Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust's Notice of Motion. Superior Court Rule 9E
  34. Attorney appearance electronically filed. Applies To: Phelan, Esq., Meghan E (Attorney) on behalf of Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust (Defendant)
  35. ORDER sent for Status Review, if notice is not received by 07/03/2024 the complaint will be dismissed.
  36. Status review notice returned Matter being held in a pending outcome of 2184CV1356 in Suffolk County, which will likely result in dismissal of this action. Applies To: Sachs, Esq., Keith Lawrence (Attorney) on behalf of Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust, Elizabeth Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust (Plaintiff)
  37. Docket Note: Clerk Cornelio emailed the parties notifying them that this case was never officially stayed (despite a notice indicating that this case was being held in abeyance pending the result of a related case in another court). The clerk identified that the no answer was ever filed and no stay was issued which is prompting the status review notices the clerk's office is sending out. After further emails with the parties, the clerk suggested the Defendant file a motion to file a Motion to Dismiss late as the Rule 12 Tracking Deadline expired in June 2023. In addition, at a hearing on Preliminary Injunction request conducted on 4/20/23, Judge Tabit had also ordered that a Motion to Dismiss was to be served by 6/20/23. Given the passage of time, and the judge's explicit order, the Defendant will need to file a motion for leave to file a Rule 12 motion at this juncture.
  38. Plaintiffs Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust, Elizabeth Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust's Joint Motion for leave to file motion to dismiss and to extend tracking order
  39. Endorsement on Motion to extend time for (#17.0): ALLOWED
  40. Defendant Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust's Motion to dismiss
  41. Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust's Memorandum in support of Motion to dismiss
  42. Opposition to defendant's Motion to dismiss filed by Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust, Elizabeth Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust
  43. Certificate of Compliance Superior Court Rule 9C
  44. Request for hearing filed Applies To: Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust (Defendant)
  45. Rule 9A notice of filing
  46. Matter taken under advisement: Rule 12 Hearing scheduled on: 09/17/2024 02:30 PM Has been: Held - Under advisement Comments: After hearing with Plaintiff Attorney Keith Sachs and Defense Counsel Michael Connolly, motion taken UNDER ADVISEMENT. [FTR - 2:37-3:04 PM] Hon. Janice W Howe, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
  47. Endorsement on Motion to dismiss all counts (#18.0): DENIED See Memorandum of Decision and Order of same date at P#19.
  48. MEMORANDUM & ORDER: CONCLUSION AND ORDER: For the reasons explained, it is hereby ORDERED that the Motion to Dismiss of Defendant Donna Gay (Paper No. 18) is DENIED. (For full text see scanned image) Judge: Howe, Hon. Janice W
  49. Attorney withdrawal electronically filed. Applies To: Phelan, Esq., Meghan E (Attorney) on behalf of Donna Gay, Individually and as Trustee and Beneficiary of the Gay Family Realty Trust (Defendant)
  50. Stipulation of dismissal with Prejudice, without Costs, all appellate rights waived as to Alfred Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust, Elizabeth Gandolfo, Individually and as Beneficiary of The Gay Family Realty Trust's original complaint

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