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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-12-06
Status Closed
Type Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 52 entries

Parties

Plaintiff Granitz Family Trust Llc
Defendant Vasiladas, Ilias D.

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: 426988 Date: 12/06/2021
  4. Land Court surcharge Receipt: 426988 Date: 12/06/2021
  5. Land Court summons Receipt: 426988 Date: 12/06/2021
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Smith, Hon. Kevin T. Event: Hearing on Lis Pendens Date: 12/13/2021 Time: 03:00 PM
  8. Event Resulted: Hearing on Lis Pendens scheduled on: 12/13/2021 03:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding December 13, 2021. Hearing on plaintiff's motion for approval of memorandum of lis pendens held by videoconference. Attorney Patrick J. Heffernan appeared for the plaintiff. Attorney Heffernan represented that service was properly effected upon the defendant on December 7, 2021. The defendant did not appear for the hearing. The plaintiff has brought this action under G.L. c.185, § 1(k), seeking specific performance of a purchase and sale agreement for the property at 25 Wyman Street, Worcester. Following colloquy, the plaintiff's motion for approval of memorandum of lis pendens is GRANTED. Separate written memorandum of lis pendens to issue shortly. (Smith, J.)
  9. Finding and Order of Approval of Memorandum of Lis Pendens, issued. (Copies emailed to Attorneys Thomas Hogan and Patrick Heffernan) Judge: Smith, Hon. Kevin T.
  10. Summons returned to Court with service on Ilias D. Vasiladas filed. Delivered in hand on 1/12/22.
  11. Stipulation of Substitution of Counsel, filed.
  12. The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: A. Eli Leino, Esq. [email protected] Defendant: Ilias D. Vasiladas No addresses available Sent On: 02/22/2023 13:41:03
  13. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 03/28/2023 Time: 11:00 AM
  14. Plaintiff Case Management Conference Statement, filed (by email).
  15. Event Resulted: Case Management Conference scheduled on: 03/28/2023 11:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding March 28, 2023. Case management conference held via videoconference. Attorney Charles Wallen appeared for the plaintiff. No other party appeared. This is a case to enforce specific performance of a purchase and sale agreement, pursuant to G. L. c. 185, § 1(k). The plaintiff asserts that it entered into a binding purchase and sale agreement which identifies the plaintiff as the buyer or purchaser and the defendant as the seller. The plaintiff is requesting an order compelling the defendant to convey title to the subject property at the purchase price agreed upon. Attorney Wallen indicated that he has made several attempts to contact the defendant, all of which have been unsuccessful. There is indication that the defendant is picking up mail associated with the address of the subject property, but Attorney Wallen has not been able to make direct contact. Attorney Wallen stated that he intends to request that a default to be entered against the defendant. Following colloquy, the court emphasized the importance of bringing the defendant before the court before making a final ruling that he must convey the subject property to the plaintiff. The plaintiff may request a default, but the court requested that counsel submit an affidavit of diligent search of the defendant's current residence before the court will consider ruling on a motion for default judgment. (Smith, J.).
  16. Appearance of Howard J Potash, Esq. for Ilias D. Vasiladas, filed
  17. Motion to Correct Defendant's Name, filed.
  18. Motion to File Answer to Verified Complaint and Counterclaim late, filed.
  19. Defendant's Answer to Verified Complaint and Counterclaims, filed.
  20. Motion to Vacate Finding and Order of Approval of Memorandum of Lis Pendens, filed.
  21. Scheduled Judge: Smith, Hon. Kevin T. Event: Motion to Correct Defendant's Name Motion to File Answer to Verified Complaint and Counterclaim late Motion to Vacate Finding and Order of Approval of Memorandum of Lis Pendens Date: 02/13/2024 Time: 09:30 AM
  22. Notice of Withdrawal of Motion to Vacate Finding and Order of Approval of Memorandum of Lis Pendens, filed.
  23. Plaintiff and Defendant-In-Counterclaim's Answer to Defendant and Plaintiff-In-Counterclaim's Counterclaims, filed.
  24. Event Resulted: Motion scheduled on: 02/13/2024 09:30 AM Has been: Continued Hon. Kevin T. Smith, Presiding
  25. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Charles Matthew Wallen, IV, Esq. [email protected] Plaintiff: A. Eli Leino, Esq. [email protected] Defendant: Howard J Potash, Esq. [email protected] Sent On: 02/12/2024 14:34:41
  26. Assented-to Motion to Continue, filed.
  27. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 03/28/2024 Time: 09:00 AM
  28. Joint Status Report, filed.
  29. Emergency Assented to Motion to Continue Status Hearing, filed.
  30. Event Resulted: Status Conference scheduled on: 03/28/2024 09:00 AM Has been: Continued For the following reason: Request of Defendant(s) Hon. Kevin T. Smith, Presiding
  31. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/30/2024 Time: 02:00 PM
  32. Event Resulted: Status Conference scheduled on: 04/30/2024 02:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding April 30, 2024. Status conference held via videoconference. Attorney Charles Wallen appeared for the plaintiff. Attorney Howard Potash appeared for the defendant. The court asked for an update on the progress of the case and settlement efforts. Attorney Potash reported that the parties have been attempting to settle the case but have been unable to reach an agreement as to price. Attorney Wallen agreed that the parties cannot agree as to price, so the parties should move forward with discovery. The court asked how much time the parties need for discovery. Attorney Wallen and Attorney Potash agreed that ninety days would be adequate. Following discussion, the court set a discovery deadline of August 2, 2024, and scheduled a status conference on August 16, 2024, at 9:00 a.m. (Smith, J.).
  33. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Charles Matthew Wallen, IV, Esq. [email protected] Plaintiff: A. Eli Leino, Esq. [email protected] Defendant: Howard J Potash, Esq. [email protected] Sent On: 04/30/2024 15:01:45
  34. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 08/16/2024 Time: 09:00 AM
  35. Appearance of Travis J Jacobs, Esq. for Granitz Family Trust LLC, filed
  36. Appearance of Amie D Joseph, Esq. for Granitz Family Trust LLC, filed
  37. Appearance of Jacqueline S Killion, Esq. for Granitz Family Trust LLC, filed
  38. Withdrawal of Charles Matthew Wallen, IV, Esq. for Granitz Family Trust LLC, filed
  39. Withdrawal of A. Eli Leino, Esq. for Granitz Family Trust LLC, filed
  40. Event Resulted: Status Conference scheduled on: 08/16/2024 09:00 AM Has been: Continued For the following reason: Request of Defendant(s) Hon. Kevin T. Smith, Presiding
  41. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 08/16/2024 Time: 11:00 AM
  42. Joint Status Report, filed.
  43. Event Resulted: Status Conference scheduled on: 08/16/2024 11:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding August 16, 2024. Status conference held via videoconference. Attorney Jacqueline Killion appeared for the plaintiff. Attorney Howard Potash appeared for the defendant. The court asked whether any further discovery would need to be completed after the plaintiff's scheduled deposition. Attorney Potash stated that no additional discovery would be needed, and the parties are optimistic that they can settle the case without a trial. Attorney Killion agreed. Following discussion, the court set a discovery deadline of September 30, 2024, and scheduled a status conference on October 7, 2024, at 9:00 a.m., the purpose of which will be to set a trial date. (Smith, J.).
  44. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Plaintiff: Travis J Jacobs, Esq. [email protected] Plaintiff: Jacqueline S Killion, Esq. [email protected] Defendant: Howard J Potash, Esq. [email protected] Sent On: 08/16/2024 12:26:08
  45. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 10/07/2024 Time: 09:00 AM
  46. Joint Motion to Continue Status Hearing, filed.
  47. October 3, 2024. Joint Motion to Continue Status Hearing ALLOWED. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Plaintiff: Travis J Jacobs, Esq. [email protected] Plaintiff: Jacqueline S Killion, Esq. [email protected] Defendant: Howard J Potash, Esq. [email protected] Sent On: 10/03/2024 14:26:42
  48. Event Resulted: Status Conference scheduled on: 10/07/2024 09:00 AM Has been: Continued For the following reason: Case Reported Settled Hon. Kevin T. Smith, Presiding
  49. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 11/08/2024 Time: 09:00 AM
  50. Withdrawal of Amie D Joseph, Esq. for Granitz Family Trust LLC, filed
  51. Stipulation of Dismissal, filed.
  52. Event Resulted: Status Conference scheduled on: 11/08/2024 09:00 AM Has been: Canceled For the following reason: Case Closed Hon. Kevin T. Smith, Presiding

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