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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-10-21
Status Open
Type E Filed Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 31 entries

Parties

Plaintiff Benvie, Christopher
Defendant Murphy, Karen

Lawyers

Docket Entries

  1. Verified Complaint eFiled.
  2. Land Court miscellaneous filing fee Receipt: 455301 Date: 10/21/2024
  3. Land Court surcharge Receipt: 455301 Date: 10/21/2024
  4. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, filed.
  7. Plaintiff's Motion for Endorsement of Memorandum of Lis Pendens, filed.
  8. Plaintiff's Motion for Appointment of Special Process Server, filed.
  9. Ex Parte Motion for Short Order of Notice, filed.
  10. October 21, 2024. Plaintiff's Motion for Appointment of Special Process Server ALLOWED. (Smith, J.) Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Kevin Sweeney, Esq. [email protected] Plaintiff: Ryan O Forgione, Esq. [email protected] Sent On: 10/21/2024 14:59:39
  11. October 21, 2024. Plaintiff's Motion for Short Order of Notice on Motions ALLOWED. Hearing to be held on-site at the Land Court in Boston on October 22, 2024 at 2:00 PM. Service may be effectuated by any licensed constable. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Kevin Sweeney, Esq. [email protected] Plaintiff: Ryan O Forgione, Esq. [email protected] Sent On: 10/21/2024 13:12:18
  12. Summons and Hearing Notice issued on Application for Preliminary Injunction and Lis Pendens. Judge: Smith, Hon. Kevin T. Event: Hearing on Preliminary Injunction and Lis Pendens Date: 10/22/2024 Time: 02:00 PM
  13. Appearance of Stephen T David, Esq. for Karen Murphy, filed
  14. Defendant's Opposition to the Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, filed.
  15. Memorandum of Lis Pendens issued (Smith, J.). Judge: Smith, Hon. Kevin T.
  16. Event Resulted: Hearing on Preliminary Injunction and Lis Pendens scheduled on: 10/22/2024 02:00 PM Has been: Held in person Hon. Kevin T. Smith, Presiding October 22, 2024. Emergency hearing on Plaintiff's Motion for Approval of Lis Pendens and Motion for Temporary Restraining Order and Preliminary Injunction held in-person. Attorney Christopher Sweeney appeared on behalf of the plaintiff, Christopher Benvie. Attorney Stephen David appeared on behalf of the defendant, Karen Murphy. This matter concerns the enforceability of an alleged purchase and sale agreement for the residential property located at 115 Westchester Drive in Westwood. The plaintiff alleges that he entered into an enforceable agreement to buy the defendant's property following a series of communications/negotiations with the defendant's daughter who he claims acted as an agent for the defendant. The defendant opposed both motions arguing that her daughter was never authorized to act as her agent during all of her interactions with the plaintiff and, therefore, no enforceable agreement for the sale of her house ever arose. Counsel for the defendant represented that she has since entered into a purchase and sale agreement with a different third-party buyer, at a higher price, which is scheduled to close in late November. The plaintiff seeks both a lis pendens and an injunction that will prevent the defendant from selling the property to the third-party buyer until the conclusion of this case. Following colloquy, the court ALLOWED the motion for approval of lis pendens. Because counsel for the defendant was only retained late yesterday and did not have adequate time to provide the court with evidentiary support for his opposition, the court will allow counsel until Friday, October 25, 2024, to file any supplemental materials for the court's consideration. Thus, the court will defer ruling on the Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction until Friday, October 25, 2024. (Smith, J.).
  17. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Kevin Sweeney, Esq. [email protected] Plaintiff: Ryan O Forgione, Esq. [email protected] Defendant: Stephen T David, Esq. [email protected] Sent On: 10/22/2024 16:27:02
  18. Certificate of Service, filed.
  19. Defendant's Supplemental Opposition to the Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, filed.
  20. Affidavit of Jen Teahan, filed.
  21. Affidavit of Karen Murphy, filed.
  22. Certificate of Service, filed.
  23. October 28, 2024. Plaintiff's motion for preliminary injunction is ALLOWED. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Kevin Sweeney, Esq. [email protected] Plaintiff: Ryan O Forgione, Esq. [email protected] Defendant: Stephen T David, Esq. [email protected] Sent On: 10/28/2024 14:13:18
  24. Cost of Issuance of TRO/PI Receipt: 455553 Date: 10/29/2024
  25. Decision on Motion for Preliminary Injunction, issued. (Copies emailed to Attorneys Stephen David, Ryan Forgione, Christopher Sweeney) Judge: Smith, Hon. Kevin T.
  26. Summons returned to Court with service on Karen Murphy filed. Served "in hand" on October 30, 2024.
  27. The case has been assigned to the F Track. Notice sent. Judge: Foster, Hon. Robert B. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Christopher Kevin Sweeney, Esq. [email protected] Plaintiff: Ryan O Forgione, Esq. [email protected] Defendant: Stephen T David, Esq. [email protected] Sent On: 11/13/2024 13:42:53
  28. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/22/2024 Time: 11:00 AM
  29. Defendant's Special Motion to Dismiss the Complaint and Dissolve the Lis Pendens, filed.
  30. Defendant's Memorandum in Support of her Special Motion to Dismiss the Complaint and Dissolve the Lis Pendens, filed. (Courtesy copy received on November 15, 2024)
  31. Certificate of Service, filed.

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