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Case Information

Filed 2021-09-30
Status Closed
Type Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 53 entries

Parties

Plaintiff Niziak, Drew J.|Niziak, Paula F.
Defendant Grover B. Daniels As

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: 425584 Date: 09/30/2021
  4. Land Court surcharge Receipt: 425584 Date: 09/30/2021
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Ex Parte Motion for Approval of a Memorandum of Lis Pendens, filed.
  7. Temporary Restraining Order issued to Defendant Grover B. Daniels as Executor of the Estate of Gregory P. Shlopak and your officers, agents, servants, employees and attorneys, and upon those persons in active concert or participation with you who receive actual notice of this order by personal service or otherwise are hereby enjoined until further order of this court from: Conveying, transferring, encumbering, or damaging the property at 6 Camborne Way, Rockport, MA.
  8. Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Vhay, Hon. Michael D Event: Hearing on Lis Pendens Date: 10/08/2021 Time: 03:30 PM
  9. Telephonic hearing held on Plaintiffs' ex parte motion for endorsement of a memorandum of lis pendens. Plaintiffs Drew and Paula Niziak appeared through counsel. After hearing from the Niziaks, the Court DENIES ex parte approval of the motion, but will issue in lieu of an ex parte endorsement an appropriate temporary restraining order prohibit the defendant Executor from conveying 6 Camborne Way in Rockport, MA. The Court further ORDERS the parties to appear on October 8, 2021 at 3:30 PM for a telephonic hearing on Plaintiffs' motion for endorsement of a memorandum of lis pendens. SO ORDERED. Notice in hand to the plaintiff. Judge: Vhay, Hon. Michael D
  10. Memorandum in Support of Plaintiffs' Motion for Approval of Memorandum of Lis Pendens and Preliminary Injunction Ordering Specific Performance, filed.
  11. Affidavit of Wilhelmina Sheedy in Support of Plaintiffs' Motion for Approval of Memorandum of Lis Pendens and Preliminary Injunction Ordering Specific Performance, filed.
  12. Affidavit of John C. La Liberte in Support of Plaintiffs' Motion for Approval of Memorandum of Lis Pendens and Preliminary Injunction Ordering Specific Performance, filed.
  13. Affidavit of Holly Helliwell Fabyan in Support of Plaintiffs' Motion for Approval of Memorandum of Lis Pendens and Preliminary Injunction Ordering Specific Performance, filed.
  14. Defendant Grover B. Daniels's Opposition to Plaintiffs' Ex Parte Motion for Approval of Memorandum of Lis Pendens, filed.
  15. The Court has received today from the Niziaks four filings. All refer to a "motion for approval of memorandum of lis pendens and preliminary injunction ordering specific performance." There is only one pending motion shown on the docket of this case: that for endorsement of a memorandum of lis pendens. That is the only motion the Court has scheduled for a hearing tomorrow, October 8, 2021. Furthermore, as of the time of this Order, the Niziaks haven't filed a return (or other proof) of service of a summons, their complaint, and the Court's September 30, 2021 temporary restraining order upon Mr. Daniels, nor has counsel has filed an appearance on Daniels's behalf. Accordingly, the Court ORDERS the Niziaks to file by noon tomorrow, October 8, 2021, a return or other proof of service of their summons, complaint, and the TRO upon Daniels. The Court further ORDERS the Niziaks to file that return or proof of service by e-mail sent to the Sessions Clerk. SO ORDERED. Notice of docket entry sent to counsel on file by email. Judge: Vhay, Hon. Michael D
  16. Acceptance of Service, filed.
  17. Appearance of Adam M Hamel, Esq. for Grover B. Daniels as Executor of the Estate of Gregory P. Shlopak, filed
  18. Affidavit of Grover B. Daniels in Opposition to Plaintiffs' Ex Parte Motion for Approval of Memorandum of Lis Pendens, filed.
  19. Event Resulted: Hearing on Lis Pendens scheduled on: 10/08/2021 03:30 PM Has been: Held via telephone Hon. Michael D Vhay, Presiding Telephonic hearing held on the Niziaks' motion for endorsement of a memorandum of lis pendens. All parties appeared through counsel. After hearing argument, the Court GRANTS the motion. The Court further EXTENDS its September 30, 2021 temporary restraining order through noon on October 12, 2021, to give the Niziaks sufficient time to record the endorsed memorandum. The Court ORDERS the parties to appear for a telephonic case-management conference on November 9, 2021, at 10:00 AM. A separate notice of telephonic case-management conference will issue. SO ORDERED. Notice of Docket Entry sent to counsel of record by email.
  20. Judicial Endorsement of a Memorandum of Lis Pendens, issued. (Vhay, J.) Judge: Vhay, Hon. Michael D
  21. Event Scheduled Judge: Vhay, Hon. Michael D Event: Case Management Conference Date: 11/09/2021 Time: 10:00 AM
  22. The Court has received proposed dates from the parties for an earlier-than-scheduled case-management conference. The Court is holding trials on each of the dates the parties propose; however, it's possible that the trial on October 29, 2021 may end early. The Court thus ORDERS the parties to reserve October 29, 2021 at 3:30 PM for a telephonic case-management conference. The Court ORDERS the parties to file their joint conference memorandum (see notice sent October 12, 2021) by October 27, 2021, by e-mail sent to the Sessions Clerk. The Court will tell the parties by noon on October 29 whether the conference will happen at 3:30 PM that day. SO ORDERED. Notice of docket entry sent to counsel of record by email. Judge: Vhay, Hon. Michael D
  23. Event Scheduled Judge: Vhay, Hon. Michael D Event: Case Management Conference Date: 10/29/2021 Time: 03:30 PM
  24. Defendant Grover B. Daniels's Answer to Plaintiffs' Verified Complaint for Specific Performance, filed.
  25. Plaintiffs' Motion for Preliminary Injunction, filed.
  26. The Court has received the Niziaks' motion for a preliminary injunction. The Court ORDERS the parties to be prepared to discuss at the upcoming case-management conference whether the Court should set a date for the filing of an opposition to the motion and a hearing on it, or whether a more temporary injunction (with an expedited trial on the merits) would yield a more just result. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  27. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 10/29/2021 Time: 03:30 PM
  28. Event Resulted: Case Management Conference scheduled on: 11/09/2021 10:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  29. Joint Statement for Case Management Conference to be Held October 29, 2021, filed.
  30. Event Resulted: Case Management Conference scheduled on: 10/29/2021 03:30 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding Case management conference held by telephone. All parties appeared. The Niziaks seek specific performance of a contract to purchase real estate, signed by Executor Daniels, concerning a home in Rockport. Daniels claims that the contract terminated following its execution. The Court ORDERS the parties to appear for trial on December 16 and 17, 2021. The Court ORDERS the parties to file a joint report by November 5, 2021 whether they wish to have the Court conduct the trial in-person or by Zoom. The Niziaks identified broker Monahan, broker Fabian and one of the Niziaks as their trial witnesses. Executor Daniels identified himself and attorney Sheedy as his trial witnesses. The Court ORDERS the Niziaks to arrange for their listed witness to appear for trial, during normal court hours, on December 16 and 17, 2021. The Court ORDERS Executor Daniels to appear for trial, during normal court hours, on December 16 and 17, 2021, and to arrange for attorney Sheedy to appear for trial on the same dates and times. The Court will not allow anyone other than the five persons listed in this Order to testify at trial, without further leave of the Court or agreement of the parties. The Court will issue a further order in advance of trial once the Court decides whether the trial will be in-person or by Zoom. The Court ORDERS the parties to appear by telephone on December 14, 2021 at 10:00 AM for a final pretrial conference. The Court further ORDERS Executor Daniels to file no later than noon on November 1, 2021, a statement as to whether he is willing to agree not to convey, transfer, or encumber the Rockport property through December 17, 2021.
  31. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 12/14/2021 Time: 10:00 AM
  32. Scheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 12/16/2021 Time: 09:30 AM
  33. Scheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 12/17/2021 Time: 09:30 AM
  34. Email response from Attorney Adam Hamel, filed."As requested by Judge Vhay during the Case Management Conference on October 29, 2021, I am reporting to the Court regarding Mr. Daniels's position concerning the Plaintiffs' motion for preliminary injunction. Mr. Daniels agrees that he will not transfer or convey the Property between now and the Court's issuance of a judgment following the trial scheduled for December 16 - 17, 2021."
  35. With Executor Daniels's assent, the Court ORDERS the Executor, up through the conclusion of the December 16-17, 2021 trial of this matter, not to transfer, convey or further encumber the Rockport property that's the subject of this dispute. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  36. Order in Advance of Trial by Videoconference Judge: Vhay, Hon. Michael D.
  37. Scheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 11/30/2021 Time: 09:00 AM
  38. The Court GRANTS the parties leave not to submit the filings described in the Court's Notice of Pretrial Conference. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  39. Parties' Agreed Finding of Facts, filed.
  40. Parties' Contested List of Exhibits, filed.
  41. Plaintiffs' Proposed But Disputed Findings of Fact, filed.
  42. Plaintiffs Drew J. Niziak and Paula F. Niziak's Trial Brief, filed.
  43. Parties' Agreed List of Exhibits, filed.
  44. Defendant Grover B. Daniel's Pretrial Brief, filed.
  45. Defendant's Proposed But Disputed Findings of Fact, filed.
  46. Event Resulted: Pre-Trial Conference scheduled on: 12/14/2021 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding Telephonic final pre-trial conference held. All parties appeared through counsel. At the conference, the parties presented arguments on the relevancy of Niziak proposed exhibits 1-29. The Court DEFERS ruling on the exhibits until trial. The Court otherwise ORDERS the parties to appear on December 16, 2021, at 9:30 for trial by videoconference. SO ORDERED. Notice of Docket Entry sent to counsel of record by email.
  47. Motion to Dismiss, filed.
  48. Plaintiffs' Opposition to Defendant's Motion to Dismiss, filed.
  49. Plaintiffs' Proposed Judgment and Order, filed.
  50. Findings of Fact, Conclusions of Law, and Order (Rule 52, Mass. R. Civ. P.) issued. (Copies emailed to Attorneys Adam Hamel and John La Liberte) Judge: Vhay, Hon. Michael D.
  51. Scheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 12/22/2021 Time: 11:00 AM
  52. Event Resulted: Telephone Conference Call scheduled on: 12/22/2021 11:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding Telephonic status conference held. Both parties appeared through counsel. Trustee Daniels reported he intends to appeal the Court's decision after trial. After hearing from the parties, the Court CONTINUES, through the date of entry of a judgment in this case, the Court's current injunction to Trustee Daniels and those acting on his behalf against the sale, conveyance or further encumbrance of the Property. A separate judgment will issue. SO ORDERED. Notice of Docket Entry sent to counsel of record by email.
  53. Judgment Entered. Judge: Vhay, Hon. Michael D.

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