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Case Information
Filed
2023-05-31
Status
Closed
Type
Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket
28 entries
Disposition
disposed
Parties
Plaintiff
Advanced Manufacturing Technology, Inc.|Asmus, David
Defendant
Massachusetts Port Authority
Lawyers
Docket Entries
- Event Resulted: Status Conference scheduled on: 02/16/2024 10:00 AM Has been: Canceled Comments: Case Disposed by Transfer to Superior Court Hon. Michael D. Vhay, Presiding
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 441463 Date: 05/31/2023
- Land Court surcharge Receipt: 441463 Date: 05/31/2023
- Land Court summons Receipt: 441463 Date: 05/31/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Motion to Appoint Special Process Server, filed.
- The case has been assigned to the A Track. Notice sent.
- Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/06/2023 Time: 12:00 PM
- Amended Complaint, filed.
- Event Resulted: Case Management Conference scheduled on: 07/06/2023 12:00 PM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
- Email Motion to Reschedule Case Management Conference, filed.
- Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/26/2023 Time: 11:30 AM
- Event Resulted: Case Management Conference scheduled on: 07/26/2023 11:30 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
- Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/28/2023 Time: 09:30 AM
- Appearance of John Edward Bowen, Esq., Alexander W Read, Esq. for Massachusetts Port Authority, filed
- Case Management Conference Joint Statement, filed.
- Event Resulted: Case Management Conference scheduled on: 07/28/2023 09:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
- Telephonic case management conference and initial intervention event held. All parties appeared through counsel. Plaintiff Advanced Manufacturing Technology is seeking, in Count IV of the Plaintiffs' amended complaint, a declaration of its rights under a lease agreement with defendant Massport. AMT also has brought claims with co-plaintiff David Asmus for breach of contract (Count I), breach of the implied covenant of good faith and fair dealing (Count II), and unjust enrichment (Count III). Massport denies violating the lease, and argues that AMT has violated its terms. The Court noted its lack of subject-matter jurisdiction over Counts I-III. The Court thus ORDERS them to file by August 11, 2023, their recommendations for disposition of those counts (e.g. dismissal without prejudice to the plaintiffs filing them in another court, or requesting a transfer of the entire case (or just the three counts) to the Superior Court, with or without Justice Vhay being designated a justice). The Court otherwise ORDERS the parties to complete all discovery, fact and expert, by February 2, 2024. The Court further ORDERS the parties to appear by telephone on February 16, 2024 at 10:00 AM for a status conference. A separate notice of status conference will issue. The Court PROHIBITS the parties from filing dispositive motions before February 16, 2024, without seeking leave of Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael E Brangwynne, Esq. [email protected] Plaintiff: Adam Chin Ponte, Esq. [email protected] Defendant: John Edward Bowen, Esq. [email protected] Defendant: Alexander W Read, Esq. [email protected] Sent On: 07/28/2023 14:14:30
- Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 02/16/2024 Time: 10:00 AM
- Answer (by Massachusetts Port Authority "Massport"), filed.
- Recommendations of Defendant Massachusetts Port Authority to Land Court Judge Vhay for Disposition of count I-III, filed.
- Plaintiffs' Statement Regarding Disposition of Counts I-III., filed.
- Summons returned to Court with service on Massachusetts Port Authority filed.
- Chief Justice of the Trial Court Order of Transfer dated August 30, 2023.
- Case Disposed by Transfer.
- Case file mailed to Worcester County Superior Court.
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