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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-02-23
Status Closed
Type Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 83 entries

Parties

Plaintiff Mc Carthy, Gregory
Defendant Young, Iii, Jacob F.|Young, Katherine Anderson

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: 428604 Date: 02/23/2022
  4. Land Court surcharge Receipt: 428604 Date: 02/23/2022
  5. Land Court summons Receipt: 428604 Date: 02/23/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Motion for Appointment of Special Process Server, filed.
  8. The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Scott James Clifford, Esq. [email protected] null: File Copy Sent On: 03/01/2022 14:47:44 Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Scott James Clifford, Esq. [email protected] null: File Copy Sent On: 03/01/2022 14:47:49
  9. Plaintiff's Motion for Approval of Memorandum of Lis Pendens, filed.
  10. Plaintiffs' Motion for Short Order of Notice, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  11. Memorandum of Lis Pendens, filed.
  12. Scheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 03/04/2022 Time: 10:30 AM
  13. Defendants' Opposition to Plaintiff's Motion for Endorsement of Memorandum of Lis Pendens, filed.
  14. Event Resulted: Telephone Conference Call scheduled on: 03/04/2022 10:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  15. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  16. Telephonic hearing held on plaintiff Gregory McCarthy's motion for endorsement of memorandum of lis pendens. Case management conference and initial intervention event also held. All parties appeared through counsel. Jeff Young and attorney George Warshaw were also present. McCarthy seeks a declaration that the defendant Trustees have breached an executed offer to purchase 11 Summer Street, Charlestown, MA (the "Property"), and requests specific performance of the Trustees' obligations. The Trustees assert that there's no enforceable agreement to sell the Property. After hearing arguments, the Court GRANTS McCarthy's motion for endorsement of a memorandum of lis pendens. A separate endorsement will issue. The Trustees declined a June 2022 trial in this matter, and instead said they wished to file a special motion to dismiss McCarthy's claims. The Court ORDERS the Trustees to file by March 22, 2022, that special motion. The Court ORDERS McCarthy to file by April 8, 2022, any opposition to such motion. The parties agree to receive all notices from the Court by electronic mail. The parties further assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  17. Endorsed Lis Pendens Judge: Vhay, Hon. Michael D. Notice of Endorsed Lis Pendens sent to counsel of record by email.
  18. Affidavit of Acceptance of Service, filed.
  19. The Court has received, and DENIES without prejudice to its refiling, Trustee Young's special motion to dismiss. The Trustee did not file with his motion the statement of material facts described in Land Court Rule 4. The Court ORDERS the Trustee to file by March 28, 2022, the required statement. The Court will consider the motion renewed upon filing of the statement, and will adjust the deadline for Mr. McCarthy's opposition accordingly. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  20. Defendants' Special Motion to Dismiss Plaintiff's Verified Complaint, filed.
  21. Memorandum of Law in Support of Defendants' Special Motion to Dismiss Plaintiff's Verified Complaint, filed.
  22. Defendants' Concise Statement of Facts in Support of Special Motion to Dismiss Plaintiff's Verified Complaint, filed.
  23. The Court has received the Trustee's renewed special motion to dismiss. The Court STAYS all discovery in this matter. The Court ORDERS Mr. McCarthy to file by April 12, 2022, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  24. Plaintiff's Opposition to Defendants' Special Motion to Dismiss, filed.
  25. Plaintiff's Responses to Defendants' Concise Statement of Facts in Support of Special Motion to Dismiss Plaintiff's Verified Complaint, filed.
  26. Certificate of Service, filed.
  27. Scheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 04/27/2022 Time: 10:30 AM
  28. Motion to File Reply Brief in Support of Defendants' Special Motion to Dismiss Plaintiff's Verified Complaint, filed.
  29. The Court has received, and DENIES, Defendants' Motion to File Reply Brief. The Court will allow Defendants to make at a hearing on their motion whatever legal arguments they wish to present. The reply seeks to introduce, however, additional facts that Defendants didn't include in their original motion. The Court won't consider any such facts in connection with pending motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Scott James Clifford, Esq. [email protected] Defendant: Robert William Stetson, III, Esq. [email protected] null: File Copy Sent On: 04/15/2022 12:39:05
  30. Defendants' Responses to Plaintiff's Statement of Additional Facts, filed.
  31. Event Resulted: Telephone Conference Call scheduled on: 04/27/2022 10:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  32. Telephonic hearing on the Trustees' special motion to dismiss held. All parties appeared through counsel. Jeff Young was also present. After hearing from the parties, the Court DENIES the special motion, without prejudice to the defenses raised during argument, for the reasons stated on the record. The Court ORDERS the parties to file by June 30, 2022, all motions to compel discovery. The Court ORDERS the parties to complete all discovery in this matter (both fact and expert) by July 29, 2022. The Court further ORDERS the parties to appear on August 19, 2022, at 10:00 AM, for a telephonic pre-trial conference. A separate notice of pre-trial conference will issue. The Court PROHIBITS the parties from filing dispositive motions without leave of the Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Scott James Clifford, Esq. [email protected] Defendant: Robert William Stetson, III, Esq. [email protected] null: File Copy Sent On: 04/27/2022 11:37:32
  33. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 08/19/2022 Time: 10:00 AM
  34. Joint Motion to Extend Discovery Deadline, filed.
  35. The Court has reviewed, and GRANTS, the parties' Joint Motion to Extend Discovery Deadline. The Court ORDERS the parties to complete all discovery (fact and expert) by August 31, 2022. The Court ORDERS the parties to file all motions to compel discovery by August 10, 2022. The Court will not extend the foregoing deadlines except for grave cause shown. The Court RESCHEDULES the August 19, 2022, pretrial conference to September 16, 2022, at 10:30 AM, by telephone. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Scott James Clifford, Esq. [email protected] Defendant: Robert William Stetson, III, Esq. [email protected] null: File Copy Sent On: 07/11/2022 16:17:48
  36. Event Resulted: Pre-Trial Conference scheduled on: 08/19/2022 10:00 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  37. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 09/16/2022 Time: 10:30 AM
  38. Motion for leave to File Dispositive Motion, filed.
  39. The Court has received Defendants' Motion for Leave to File a Dispositive Motion. The Court ORDERS Mr. McCarthy to file by August 19, 2022, any opposition to the motion. The Court ADVISES the parties that the pending motion does not relieve the parties from complying with the existing deadlines in this case, including those relating to the completion of discovery and attendance at a pretrial conference. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Scott James Clifford, Esq. [email protected] Defendant: Robert William Stetson, III, Esq. [email protected] Sent On: 08/10/2022 17:17:53
  40. Plaintiff's Opposition to Defendants' Motion for Leave to File Dispositive Motion, filed.
  41. Certificate of Service, filed.
  42. The Court ORDERS the parties to appear on September 16, 2022, at 10:30 AM, by videoconference, for a hearing on defendants' motion for leave to file dispositive motion. This hearing will occur the same time as the previously scheduled pretrial conference in this case, which now will occur by videoconference (instead of by telephone). SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Scott James Clifford, Esq. [email protected] Defendant: Robert William Stetson, III, Esq. [email protected] Sent On: 08/19/2022 09:38:38
  43. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 09/16/2022 Time: 10:30 AM
  44. Defendants' Answer to Plaintiff's Verified Complaint, filed.
  45. Joint Pre-Trial Memorandum, filed.
  46. Event Resulted: Hearing scheduled on: 09/16/2022 10:30 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  47. Event Resulted: Pre-Trial Conference scheduled on: 09/16/2022 10:30 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  48. Pre-trial conference held by videoconference. All parties appeared through counsel. After hearing from the parties, the Court ORDERS the parties to submit by September 21, 2022 a Joint Report stating whether they agree to a case-stated trial. If the parties agree to a case-stated trial, then the Court ORDERS the parties to appear by telephone on September 22, 2022 at 3 PM for a status conference. A separate notice of status conference will issue. The Court further ORDERS Mr. McCarthy, if the parties do not agree to a case-stated trial, to submit by October 21, 2022, a Motion for Summary Judgment; ORDERS the Young Trustees to file by November 30, 2022, any opposition and cross-motion for summary judgment; and ORDERS Mr. McCarthy to file by December 30, 2022, any opposition to any such cross-motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Scott James Clifford, Esq. [email protected] Defendant: Robert William Stetson, III, Esq. [email protected] Sent On: 09/16/2022 13:25:28
  49. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 09/22/2022 Time: 03:00 PM
  50. Joint Status Report, filed.
  51. Event Resulted: Status Conference scheduled on: 09/22/2022 03:00 PM Has been: Canceled Hon. Michael D. Vhay, Presiding
  52. Plaintiff's Motion for Summary Judgement, filed.
  53. Plaintiff's Brief in Support of his Motion for Summary Judgement, filed.
  54. Plaintiff's Statement of Material Facts in Support of his Motion for Summary Judgment, filed.
  55. Appendix, filed.
  56. Certificate of Service, filed.
  57. Defendants' Opposition to Plaintiff's Motion for Summary Judgement and Cross-Motion for Summary Judgment, filed.
  58. Memorandum in Support of Defendants' Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment, filed.
  59. Defendants' Responses to Plaintiff's Statement of Material Facts and Statement of Additional Material Facts, filed.
  60. Defendants' Appendix of Additional Exhibits, filed.
  61. Plaintiff's Response to Defendants' Statement of Additional Material Facts, filed.
  62. Plaintiff's Opposition to Defendant's Cross Motion for Summary Judgment with Plaintiff's Appendix of Additional Facts, filed.
  63. Reply in Support of Defendants' Cross-Motion for Summary Judgment, filed.
  64. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 03/10/2023 Time: 11:30 AM
  65. Event Resulted: Hearing scheduled on: 03/10/2023 11:30 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  66. Hearing held by videoconference on the parties' cross-motions for summary judgment. The parties appeared through counsel. After hearing arguments from the parties, the Court takes the motions under advisement. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Scott James Clifford, Esq. [email protected] Defendant: Robert William Stetson, III, Esq. [email protected] Sent On: 03/10/2023 12:52:00
  67. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 07/07/2023 Time: 12:00 PM
  68. Decision on Cross-Motions for Summary Judgment and Order issued. (Copies emailed to Attorneys Scott Clifford and Robert Stetson) Judge: Vhay, Hon. Michael D.
  69. Email Motion to Extend the Pre-Trial Conference for Two Weeks., filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  70. Event Resulted: Pre-Trial Conference scheduled on: 07/07/2023 12:00 PM Has been: Continued For the following reason: Request of all Parties Hon. Michael D. Vhay, Presiding
  71. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 07/26/2023 Time: 10:30 AM
  72. Event Resulted: Pre-Trial Conference scheduled on: 07/26/2023 10:30 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  73. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 08/03/2023 Time: 09:00 AM
  74. Joint Motion for Entry of Final Judgment, filed.
  75. The Court has received and GRANTS the parties' Joint Motion for Entry of Final Judgment. A separate judgment will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Scott James Clifford, Esq. [email protected] Defendant: Robert William Stetson, III, Esq. [email protected] Sent On: 07/18/2023 08:54:28
  76. Event Resulted: Pre-Trial Conference scheduled on: 08/03/2023 09:00 AM Has been: Canceled For the following reason: Case Closed Hon. Michael D. Vhay, Presiding
  77. Agreement for Judgment approved by the Court. (Copies emailed to Scott James Clifford, Esq. and Robert William Stetson, III, Esq.) Judge: Vhay, Hon. Michael D.
  78. Judgment and Remand entered. (Copies emailed to Scott James Clifford, Esq. and Robert William Stetson, III, Esq.) Judge: Vhay, Hon. Michael D.
  79. Notice of Appeal by Jacob F. Young, III Trustee of the Nantucket Sound Trust, Katherine Anderson Young Trustee of the Nantucket Sound Trust to the Appeals Court filed.
  80. Defendants' Notice of Transcript Order, filed.
  81. Transcripts of the following hearings have been received by the Court: April 27, 2022 and March 20, 2023.
  82. Notice of Assembly of Record on Appeal sent to the Clerk of the Appeals Court.
  83. Notice of Assembly of Record on Appeal sent to all counsel of record.

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