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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-06-03
Status Closed
Type Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 67 entries

Parties

Plaintiff Farahani, Mani
Defendant Ash Family Limited Partnership

Lawyers

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: 431477 Date: 06/03/2022
  4. Land Court surcharge Receipt: 431477 Date: 06/03/2022
  5. Land Court summons Receipt: 431477 Date: 06/03/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Appearance of David C Aisenberg, Esq. for Mani Farahani, filed
  8. Motion for Appointment of Special Process Server, filed.
  9. Motion for Special Process Server ALLOWED. Judge: Roberts, Hon. Jennifer S.D.
  10. Motion for Preliminary Injunction, filed by email.
  11. Memorandum In Support of Motion for Preliminary Injunction, filed.
  12. Application for Judicial Endorsement of Memorandum of Lis Pendens, filed.
  13. Memorandum of Lis Pendens Mass.Gen.Laws C. 184, sec. 15, filed by email.
  14. Ex Parte Motion for Short Order of Notice, filed. ALLOWED. Judge: Roberts, Hon. Jennifer S.D.
  15. Summons and Hearing Notice issued on Application for Preliminary Injunction and Lis Pendens. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Preliminary Injunction and Lis Pendens Date: 06/15/2022 Time: 10:00 AM
  16. Summons returned to Court with service on Ash Family Limited Partnership filed. 06/06/2022: Service In Hand upon William A. Ash, Jr., Resident Agent for Ash Family Limited Partnership (Summon and Hearing Notice, Zoom Hearing; Civil Cover Sheet; Notice of Appearance; Motion for Special Process Server; Motion for Preliminary Injunction; Memorandum In Support of Motion for Preliminary Injunction; Application for Judicial Endorsement of Memorandum of Lis Pendens; Memorandum of Lis Pendens; and Ex Parte Motion for Short of Notice)
  17. The case has been assigned to the F Track. Notice sent.
  18. Opposition to Motion for Approval of a Memorandum of Lis Pendens, filed by email.
  19. Opposition to Motion for Preliminary Injunction, filed by email.
  20. Defendant's Affidavit In Support of Opposition to Motion for Preliminary Injunction, filed by email.
  21. Judicial Endorsement of Memorandum of Lis Pendens (G. L. c. 184, § 15) issued. (Copies emailed to Attorneys Lawrence A. Simeone, Jr. and David Aisenberg) Judge: Roberts, Hon. Jennifer S.D.
  22. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David C Aisenberg, Esq. [email protected] Defendant: Lawrence A Simeone, Jr., Esq. [email protected] null: File Copy Sent On: 06/16/2022 12:32:03
  23. Event Resulted: Hearing on (1) Application For Judicial Endorsement Of Memorandum Of Lis Pendens ("the Lis Pendens Motion") and (2) Motion For Preliminary Injunction (" the PI Motion") scheduled on: 06/15/2022 10:00 AM Has been: Held via video. Attorney David C. Aisenberg appeared for plaintiff and Attorney Lawrence A. Simeone, Jr. appeared for defendant. As this case presents a dispute regarding right, title, or interest in land, the court ALLOWED the Lis Pendens Motion. After argument in favor of, and in opposition to, the PI Motion, Attorney Simeone indicated that the defendant would agree to maintain the status quo throughout the course of this litigation, as a result of which the court requested that the parties present a joint stipulation to accomplish that result. The court encouraged the parties to confer regarding the precise terms of the stipulation and set a deadline of June 16, 2022 at 4:00 p.m. for the parties to file that stipulation with the court. Accordingly, the PI Motion is HELD IN ABEYANCE. If the parties cannot come to agreement on the terms of a stipulation, the court will set the matter down for further hearing. The court scheduled a Case Management Conference for July 14, 2022 at 9:00 a.m., to be held via Zoom. Email notice to: David C. Aisenberg and Attorney Lawrence A. Simeone, Jr. Hon. Jennifer S.D. Roberts, Presiding
  24. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 07/14/2022 Time: 09:00 AM Email notice to: David C. Aisenberg and Attorney Lawrence A. Simeone, Jr.
  25. Stipulation for Preliminary Injunction, filed by email. (Note: Pending endorsement by the Court).
  26. Stipulation for Preliminary Injunction Endorsed by the Court, filed. Judge: Roberts, Hon. Jennifer S.D.
  27. Answer, Affirmative Defenses and Counterclaim, filed by email.
  28. Joint Statement for Case Management Conference, filed by email.
  29. Event Resulted: Case Management Conference scheduled on: 07/14/2022 09:00 AM Has been: Held via video. Attorney David C. Aisenberg appeared for plaintiff and Attorney Lawrence A. Simeone, Jr. appeared for the defendant. Early Intervention Event held. The court set a deadline of December 2, 2022 for discovery and scheduled a ZOOM status conference on December 6, 2022 at 9:00 a.m. The court set an August 31, 2022 deadline for paper discovery. Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr. Hon. Jennifer S.D. Roberts, Presiding
  30. Alternative Dispute Resolution: Early Intervention Event held. Judge: Roberts, Hon. Jennifer S.D.
  31. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David C Aisenberg, Esq. [email protected] Defendant: Lawrence A Simeone, Jr., Esq. [email protected] null: File Copy Sent On: 07/14/2022 15:34:52
  32. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 12/06/2022 Time: 09:00 AM Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr.
  33. Answer to Counterclaims, filed by email.
  34. Mani Farahani's Motion to Compel Document Production, filed by email.
  35. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Mani Farahani's Motion to Compel Document Production VIA ZOOM Date: 09/23/2022 Time: 09:00 AM Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr.
  36. Defendant, AFLP's Opposition to Plaintiff Farahani's Motion to Compel Document Production, filed by email.
  37. Event Resulted: Mani Farahani's Motion to Compel Document Production ("the Motion") scheduled on: 09/23/2022 09:00 AM Has been: Held via video. Attorney David C. Aisenberg appeared for plaintiff and Attorney Lawrence A. Simeone, Jr. appeared for defendant. The Motion is ALLOWED IN PART and DENIED IN PART. Defendant is ORDERED to produce (1) any documents that reflect, relate or refer to communications between Mr. William Ash and/or the Ash Family Limited Partnership (collectively, "Ash") and any other entity or entities regarding a potential purchase of the property in question; (2) any documents that reflect, relate or refer to communications between Ash and the current tenant regarding the potential sale or purchase of the property and the tenant's business; (3) a copy of the Lease of the property in effect in April 2022; and (4) any documents that reflect, relate or refer to communications between Ash and members of the Ash Family Limited Partnership regarding the negotiations about the purchase and sale of the property in question prior to the initiation of this lawsuit. In all other respects, the Motion is DENIED. Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr. Hon. Jennifer S.D. Roberts, Presiding
  38. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David C Aisenberg, Esq. [email protected] Defendant: Lawrence A Simeone, Jr., Esq. [email protected]
  39. Notice of Docket Entry: Further to Attorney Aisenberg's emailed request for clarification, defendant's further document production is to be completed by October 7, 2022. Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: David C Aisenberg, Esq. [email protected] Defendant: Lawrence A Simeone, Jr., Esq. [email protected] Sent On: 09/26/2022 15:15:32
  40. Ash Family Limited Partnership's Response to Court Order for Production of Documents, filed.
  41. (Defendant Ash Family Limited Partnership's) Motion to Compel Further Answers to Interrogatories and Further Response to Production of Documents, filed.
  42. Mani Farahani's Opposition to Motion to Compel, filed by email.
  43. Mani Farahani's Motion to Compel Deposition, filed by email.
  44. Defendant, AFLP's Opposition to Plaintiff Farahani's Motion to Compel Deposition, filed by email.
  45. Event Resulted: Hearing on (1) Defendant Ash Family Limited Partnership's Motion to Compel Further Answers to Interrogatories and Further Response to Production of Documents ("Defendant's Motion to Compel"), and (2) Plaintiff Mani Farahani's Motion to Compel Deposition ("Plaintiff's Motion to Compel") scheduled on: 11/29/2022 09:30 AM Has been: Held via video. Attorney David C. Aisenberg appeared for plaintiff and Attorney Lawrence A. Simeone, Jr. appeared for defendant. Defendant's Motion to Compel is ALLOWED IN PART and DENIED IN PART. To the extent that Defendant's Motion to Compel requests further answers to interrogatories and further document production, the motion is DENIED. The request to extend the discovery deadline is ALLOWED; the court set a new discovery deadline of December 31, 2022. Plaintiff's Motion to Compel is ALLOWED. The deposition of a representative from the Ash Family Limited Partnership is ORDERED to occur by December 13, 2022. The December 6, 2022 status conference is VACATED. The court scheduled a further Status Conference for January 4, 2023 at 9:30 a.m., to be held by videoconference, to discuss whether any further discovery is required and to determine whether the case will proceed to summary judgment or trial. Plaintiff's request for costs on his motion is DENIED. Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr. Hon. Jennifer S.D. Roberts, Presiding
  46. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David C Aisenberg, Esq. [email protected] Defendant: Lawrence A Simeone, Jr., Esq. [email protected]
  47. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference and Defendant's Motion to Depose the Plaintiff Mani Farahani During the Current Discovery Deadline VIA ZOOM Date: 01/04/2023 Time: 09:30 AM Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr.
  48. Event Resulted: Status Conference scheduled on: 12/06/2022 09:00 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding
  49. Defendant's Motion to Extend Discovery Deadline (from December 31, 2022 to January 10, 2023), filed by email.
  50. Mani Farahani's Opposition to Motion to Extend Discovery Deadline, filed by email.
  51. Notice of Docket Entry: Pursuant to Land Court Rule 6, the court is acting on Defendant's Motion To Extend Discover Deadline ("Motion") without hearing, having reviewed the Motion and the opposition thereto. The Motion is ALLOWED IN PART and DENIED IN PART. The Motion is allowed to the extent that discovery is extended to January 10, 2023 for the sole purpose of conducting the deposition of Mr. Milad Farahani and for no other purpose. The currently scheduled January 4, 2023 status conference will remain in place to discuss, among other things, whether this matter should be scheduled for trial or for a summary judgment hearing. Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: David C Aisenberg, Esq. [email protected] Defendant: Lawrence A Simeone, Jr., Esq. [email protected] Sent On: 12/19/2022 13:10:33
  52. Defendant's Motion to Depose the Plaintiff Mani Farahani During the Current Discovery Deadline, filed by email.
  53. Limited Statement In Response to Defendant's Recent Motion to Depose Mani Farahani Outside the Scope of the Court's Most Recent Discovery Order, filed by email.
  54. Event Resulted: Hearing on Defendant's Motion To Depose The Plaintiff Mani Farahani During the Current Discovery Deadline ("Motion") scheduled on: 01/04/2023 09:30 AM Has been: Held via video. Attorney David C. Aisenberg appeared for plaintiff and Attorney Lawrence A. Simeone, Jr. appeared for defendant. The Motion is ALLOWED. The discovery deadline of January 10, 2023 remains in place. The court scheduled a further Status Conference by videoconference for January 19, 2023 at 10:00 a.m. to discuss whether the matter should be scheduled for a summary judgment hearing or set down for trial. Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr. Hon. Jennifer S.D. Roberts, Presiding
  55. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David C Aisenberg, Esq. [email protected] Defendant: Lawrence A Simeone, Jr., Esq. [email protected]
  56. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 01/19/2023 Time: 10:00 AM Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr.
  57. Event Resulted: Status Conference scheduled on: 01/19/2023 10:00 AM Has been: Held via video. Attorney David C. Aisenberg appeared for plaintiff and Attorney Lawrence A. Simeone, Jr. appeared for defendant. In response to the court's inquiry, Attorney Aisenberg reported that discovery is complete. Attorney Simeone agreed with this assessment, with the caveat that there may be additional witnesses that he plans to call during trial, the names of which would be disclosed in the pretrial conference memorandum. After discussion, the court set the trial dates for March 21-23, 2023, to be held on-site at the courthouse. If a conflict arises with those dates, counsel are instructed to contact Clerk Hayes to request that the dates be rescheduled. The court further scheduled a Pretrial Conference for March 6, 2023 at 11:00 a.m., to be held via videoconference. Any motions in limine should be filed and served by February 24, 2023, with any oppositions thereto filed and served by noon on February 28, 2023. Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr. Hon. Jennifer S.D. Roberts, Presiding
  58. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David C Aisenberg, Esq. [email protected] Defendant: Lawrence A Simeone, Jr., Esq. [email protected]
  59. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Pre-Trial Conference VIA ZOOM Date: 03/06/2023 Time: 11:00 AM Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr.
  60. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Trial AT THE COURTHOUSE Date: 03/21/2023 Time: 09:00 AM Email notice to: Attorney David C. Aisenberg and Attorney Lawrence A. Simeone, Jr.
  61. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Ongoing Trial AT THE COURTHOUSE Date: 03/22/2023 Time: 09:00 AM
  62. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Ongoing Trial AT THE COURTHOUSE Date: 03/23/2023 Time: 09:00 AM
  63. Mani Farahani's Motion In Limine to Preclude Defendants From Seeking or Offering Evidence of Farahani's Other Unrelated Business and Real Estate Dealings, filed by email.
  64. Event Resulted: Pre-Trial Conference scheduled on: 03/06/2023 11:00 AM Has been: Vacated upon receipt of email from Attorney Aisenberg that indicated, "Please be advised that the parties have executed a settlement agreement. Performance under the agreement should be completed shortly. At that time, the parties will file a Stipulation of Dismissal with Prejudice." Hon. Jennifer S.D. Roberts, Presiding
  65. Event Resulted: Trial scheduled on: 03/21/2023 09:00 AM Has been: Vacated upon receipt of email from Attorney Aisenberg which indicated, "Yes, I can confirm that we are requesting that the Pretrial Conference via Zoom scheduled March 6, 2023 at 11:00 AM and the Trial at the Courthouse scheduled March 21, 22, and 23, 2023 to be vacated." . Hon. Jennifer S.D. Roberts, Presiding
  66. Event Resulted: Ongoing Trial scheduled on: 03/22/2023 09:00 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding
  67. Event Resulted: Ongoing Trial scheduled on: 03/23/2023 09:00 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding

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