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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-01-30
Status Open
Type Mergers, Consolidations, Sales Of Assests, Issuance Of Debt, Equity, Etc.
Docket 103 entries

Parties

Plaintiff Mc Donald, Matthew|(as Amended) Mc Donald, Laura M.|(as Amended) Pasquariello, Christine J.
Defendant Bitran, Marco|Bitran, Devorah|Origin Property Group Llc|Fpg 17 Wensley Llc

Lawyers

Docket Entries

  1. Event Result:: Hearing on Withdrawal of Attorney scheduled on: 01/15/2026 02:00 PM Has been: Held via Video/Phone Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  2. Case assigned to: DCM Track F - Fast Track was added on 01/30/2024
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Summons and order of notice issued on a EMERGENCY Motion for Injunction and Ex Parte Motion for Lis Pendens, returnable on 02/06/2024 02:30 PM Hearing on Preliminary Injunction, 02/06/2024 02:30 PM Hearing for Lis Pendens.
  6. Notice of 93A complaint sent to Attorney General
  7. Service Returned and Order of Notice Origin Property Group LLC Defendant Service through person in charge / agent 01/31/2024 Applies To: Origin Property Group LLC (Defendant)
  8. Service Returned and Order of Notice FPG 17 Wensley LLC Defendant Service through person in charge / agent 01/31/2024 Applies To: FPG 17 Wensley LLC (Defendant)
  9. Service Returned and Order of Notice Bitran, Marco Defendant Service made in hand 01/31/2024 Applies To: Bitran, Marco (Defendant)
  10. Service Returned and Order of Notice Bitran, Devorah Defendant Service made in hand 01/31/2024 Applies To: Bitran, Devorah (Defendant)
  11. Attorney appearance electronically filed.
  12. Attorney appearance On this date Sander A Rikleen, Esq. added for Defendant Marco Bitran
  13. Attorney appearance On this date Mariem Marquetti, Esq. added for Defendant Marco Bitran
  14. Attorney appearance On this date Sander A Rikleen, Esq. added for Defendant Devorah Bitran
  15. Attorney appearance On this date Mariem Marquetti, Esq. added for Defendant Devorah Bitran
  16. Attorney appearance On this date Sander A Rikleen, Esq. added for Defendant Origin Property Group LLC
  17. Attorney appearance On this date Mariem Marquetti, Esq. added for Defendant Origin Property Group LLC
  18. Attorney appearance On this date Sander A Rikleen, Esq. added for Defendant FPG 17 Wensley LLC
  19. Attorney appearance On this date Mariem Marquetti, Esq. added for Defendant FPG 17 Wensley LLC
  20. Opposition to Plaintiff's Request for Endorsement of memorandum of Lis Pendens filed by Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC
  21. Opposition to Plaintiff's Request for Injunctive Relief filed by Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC
  22. Affidavit Applies To: Bitran, Marco (Defendant)
  23. Affidavit of Edward J. (Jack) Ordway
  24. Affidavit of Brian P. Quijada
  25. Reply/Sur-reply to Defendants' Opposition to Plaintiff's Request for Injunctive Releif Applies To: McDonal, Matthew (Plaintiff)
  26. Attorney appearance On this date Brian Francis Donovan, Esq. added for Plaintiff Matthew McDonal
  27. Matter taken under advisement: Hearing on Preliminary Injunction scheduled on: 02/06/2024 02:30 PM Has been: Held - Under advisement Hon. Sarah Weyland Ellis, Presiding Staff: Paul Kenneally, Assistant Clerk
  28. Matter taken under advisement: Hearing for Lis Pendens scheduled on: 02/06/2024 02:30 PM Has been: Held - Under advisement Hon. Sarah Weyland Ellis, Presiding Staff: Paul Kenneally, Assistant Clerk
  29. Plaintiff Matthew McDonal's Motion for Injunction and Memorandum in Support of Motion for Injunction: After a 2 party hearing before the court on 2/6/24 and upon consideration of the pleadings, arguments, and appropriate legal standards, the plaintiff, Matthew McDonald has failed to make the showing necessary for a preliminary injunction to stop the sale tomorrow of the property. The plaintiff's Emergency Motion for an Injunction is DENIED. So ordered this 7th day of February 2024. (dated 2/7/24) notice sent by email
  30. Plaintiff Matthew McDonal's Motion for Lis Pendens: After a 2 party hearing before the court on 2/6/24, and upon consideration of the pleadings, arguments, and appropriate legal standards, the plaintiff's Motion for Lis pendens is DENIED (dated 2/7/24) notice sent by email 2/7/24
  31. Answer with a counterclaim Applies To: Bitran, Marco (Defendant); Bitran, Devorah (Defendant); Origin Property Group LLC (Defendant); FPG 17 Wensley LLC (Defendant)
  32. Counterclaim filed.
  33. Answer to the counterclaim Applies To: McDonal, Matthew (Plaintiff)
  34. List Of Documents
  35. Plaintiff Matthew McDonal's Motion for To removal To Land Court
  36. Opposition to Motion for To removal To Land Court filed by Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC
  37. Plaintiff Matthew McDonal's Motion to Amend Complaint
  38. Matthew McDonal's Memorandum in support of Motion to Amend Complaint
  39. Opposition to Motion For Leave To Amend filed by Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC
  40. Opposition to Motion To Amend Compliant filed by Robert J. Palmisano
  41. Reply Affidavit Of Edwin H. Howard
  42. Defendants Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC's Request for Hearing
  43. Affidavit Of Compliance With Rule 9A
  44. Notice Of Filing
  45. Opposition to Motion To Transfer To the Land Court filed by Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC
  46. Attorney appearance On this date Arthur J Broadhurst, Esq. added for Other interested party Robert J. Palmisano
  47. NOTICE OF TRANSFER TO BUSINESS LITIGATION SESSION (BLS1) Upon review and after a referral from the session judge (Connolly, J.), the court orders this case transferred to the Business Litigation Session (BLS) and assigned to BLS1. In the future, all parties must include the initials "BLS1" at the end of the docket number on all filings, as shown above. Dated: August 21, 2024 (See P#24 for complete notice) Notice sent 8/21/24 Judge: Salinger, Hon. Kenneth W
  48. Docket Note: Civil action cover sheet mailed re: BLS
  49. Civil action cover sheet filed. returned re: Complaint BLS1
  50. Matter taken under advisement: Motion Hearing to Amend Complaint scheduled on: 11/05/2024 02:00 PM Has been: Held - Under advisement Hon. Helene Kazanjian, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  51. Matter taken under advisement: Motion Hearing scheduled on: 11/05/2024 02:00 PM Has been: Held - Under advisement Hon. Helene Kazanjian, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  52. ORDER: Decision and Order on Plaintiff's Motion to Amend and Motion to Transfer to the Land Court (Dated: 12/30/24) Notice sent 1/2/25
  53. The following form was generated: Notice to Appear - BLS was generated and sent to: Plaintiff: Timothy F Enwright, Esq. [email protected] Plaintiff: Brian Francis Donovan, Esq. [email protected] Defendant: Sander A Rikleen, Esq. [email protected] Defendant: Mariem Marquetti, Esq. [email protected] Other interested party: Arthur J Broadhurst, Esq. [email protected] Sent On: 01/13/2025 15:03:21
  54. Amended: amended complaint filed by Matthew McDonald, Laura M. (as amended) McDonald, Christine J. (as amended) Pasquariello
  55. Attorney appearance On this date Brian Francis Donovan, Esq. added for Plaintiff Laura M. (as amended) McDonald
  56. Attorney appearance On this date Brian Francis Donovan, Esq. added for Plaintiff Christine J. (as amended) Pasquariello
  57. Defendants Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC's Notice of Motions (2) to Dismiss Amended Complaint
  58. Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 02/13/2025 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding
  59. Proposed Filings/Orders Proposed Agenda For Litigation Control Conference
  60. ORDER: Scheduling Order see p#28 for full scheduling order Notice Sent 2/19/25
  61. Service Returned for Applies To: Bitran, Marco (Defendant)
  62. Service Returned for Applies To: Bitran, Devorah (Defendant)
  63. Answer with a counterclaim Applies To: Bitran, Marco (Defendant); Bitran, Devorah (Defendant); Origin Property Group LLC (Defendant); FPG 17 Wensley LLC (Defendant)
  64. Service Returned for Applies To: Bitran, Devorah (Defendant) by last and usual (Filed: 2/21/25)
  65. Summons, returned SERVED (Filed: 2/21/25) Applies To: Bitran, Marco (Defendant)
  66. Service Returned for FPG 17 Wensley LLC Defendant Service through person in charge / agent 02/26/2025 Applies To: FPG 17 Wensley LLC (Defendant)
  67. Service Returned for Origin Property Group LLC Defendant Service through person in charge / agent 02/26/2025 Applies To: Origin Property Group LLC (Defendant)
  68. Service Returned for Defendant FPG 17 Wensley LLC: Service through person in charge / agent; Applies To: FPG 17 Wensley LLC (Defendant)
  69. Service Returned for Defendant Origin Property Group LLC: Service through person in charge / agent; Applies To: Origin Property Group LLC (Defendant)
  70. Attorney appearance electronically filed.
  71. Answer to the counterclaim Applies To: McDonald, Matthew (Plaintiff)
  72. Event Result:: Conference to Review Status scheduled on: 06/30/2025 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding
  73. ORDER: FURTHER SCHEDULING ORDER (See P#39 for complete order) Dated: June 30, 2025 Notice Sent 7/2/25
  74. ORDER: Order Compelling Production of Documents Pursuant to a Duly Served Subpoena This case came on for a Status conference, and it appearing to the court that Defendants duly served a Document Subpoena upon Andrew J. Mason, CPA on February 26, 2025, a copy of which is attached hereto, and although no objection to the Subpoena was asserted, no documents were ever produced. Accordingly, it is hereby ORDERED that: Andrew J. Mason, CPA shall produce all documents called for by the Document Subpoena attached hereto not later than Friday, July 25, 2025. See paper #40 (Dated 7/2/25) Notice Sent 7/3/25
  75. Plaintiffs, Defendants Matthew McDonald, Laura M. (as amended) McDonald, Christine J. (as amended) Pasquariello, Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC's Joint Motion to Extend Time For Serving And Filing Motion For Summary Judgment
  76. Endorsement on Motion to Extend Time For Serving And Filing Motion For Summary Judgment (#41.0): ALLOWED Joint motion is allowed. Dates for serving and filing R.56 motions are adopted. Hearing on 12/4/25 will be cancelled and clerk will set a new date for R. 56 hearing in January 2026. dated (10/2/25) Notice sent 10/08/25
  77. Plaintiff Matthew McDonald, Laura M. (as amended) McDonald, Christine J. (as amended) Pasquariello's Assented to Motion to Extend Time for Serving and Filing Motion for Summary Judgment
  78. Endorsement on Motion to Extend Time for Serving and Filing Motion for Summary Judgment (#42.0): ALLOWED Allowed. Dates proposed below are adopted. (dated 10/30/25) Notify 11/06/2025
  79. Plaintiffs Matthew McDonald, Laura M. (as amended) McDonald, Christine J. (as amended) Pasquariello's Assented to Motion to Extend Time for Serving and Filing Motion for Summary Judgment ALLOWED. Deadlines on page 2 are adopted. (Dated: 11/14/25) Notice sent 11/19/25
  80. Defendants Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC's Notice of Motion for Summary Judgment
  81. Defendant Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC's Motion for summary judgment, MRCP 56
  82. Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC's Memorandum in support of Motion for Summary Judgment
  83. Defendants Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC's Statement of Undisputed Material Facts in Support of Defendants' Motion for Summary Judgment
  84. Affidavit of Compliance with Superior Court Rule 9A and the Summary Judgment Briefing Schedules Established by the Court
  85. Defendants Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC's Notice of Filing Superior Court Rule 9A and List if Documents in Connection with Motion for Summary Judgment
  86. Exhibits/Appendix Joint Appendix Volume I
  87. Exhibits/Appendix Joint Appendix Volume II
  88. Exhibits/Appendix Joint Appendix Volume III
  89. Plaintiffs Matthew McDonald, Laura M. (as amended) McDonald, Christine J. (as amended) Pasquariello's Motion for summary judgment, MRCP 56
  90. Matthew McDonald, Laura M. (as amended) McDonald, Christine J. (as amended) Pasquariello's Memorandum in support of Motion for Summary Judgment Pursuant to Mass.R.Civ.P.56(b)
  91. Plaintiffs Matthew McDonald, Laura M. (as amended) McDonald, Christine J. (as amended) Pasquariello's Statement of Undisputed Facts in Support of Motion for Summary
  92. Marco Bitran, Devorah Bitran, Origin Property Group LLC, Origin Property Group LLC's Memorandum in opposition to Plaintiffs' Motion for Summary Judgment
  93. Exhibits/Appendix Joint Exhibit List for Plaintiff's Motion for Summary Judgment
  94. Defendants Marco Bitran, Devorah Bitran, Origin Property Group LLC, FPG 17 Wensley LLC's Notice of Filing Superior Court Rule 9A and List of Documents in Connection with plaintiffs Motion for Summary Judgment
  95. Exhibits/Appendix Exhibit A-Q of Plaintiffs' Motion for Summary Judgment A-Q
  96. Exhibits/Appendix Exhibit R-Z of Plaintiffs' Motion for Summary Judgment
  97. Plaintiffs Matthew McDonald, Laura M. (as amended) McDonald, Christine J. (as amended) Pasquariello's Motion to withdraw and extend time to respond to defendants' Rule 56 Motion
  98. Affidavit of Attorney Mark R. Meehan in Support of Motion to withdraw and to extend time to respond to defendants' Rule 56 Motion
  99. Opposition to motion of plaintiffs' counsel to withdraw and to extend time to respond to respond to defendants' Rule 56 Motion filed by Marco Bitran, Devorah Bitran, FPG 17 Wensley LLC, Origin Property Group LLC
  100. Affidavit of Compliance with Rule 9A
  101. Plaintiffs Matthew McDonald, Laura M. (as amended) McDonald, Christine J. (as amended) Pasquariello's Notice of Filing
  102. Endorsement on Motion to withdraw and extend time to respond to defendants' Rule 56 Motion (#59.0): Other action taken After review, a hearing will be necessary on this motion. It will be held on 1/15/2026 at 2 pm, in lieu of the Rule 56 hearing. Plaintiff's counsel shall notify each of plaintiffs of their motion and the scheduled hearing. The plaintiffs shall attend the hearing on 1/15/2026 either in person or over zoom. (Mtg ID: 161888 7367). (dated 1/6/2026) Notice sent 1/15/26
  103. Event Result:: Rule 56 Hearing scheduled on: 01/15/2026 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate

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