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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 44 entries

Parties

Plaintiff Granitz Family Trust Llc
Defendant Mikalauskis, Charles J.|Mikalauskis, Lucy

Lawyers

Docket Entries

  1. Verified Complaint, filed.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 426990 Date: 12/06/2021
  4. Land Court surcharge Receipt: 426990 Date: 12/06/2021
  5. Land Court summons Receipt: 426990 Date: 12/06/2021
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Plaintiff's Motion for Endorsement of Memorandum of Lis Pendens, filed.
  8. Memorandum of Lis Pendens, filed.
  9. Motion for Order Appointing Special Process Server, filed.
  10. Motion for Order Appointing Special Process Server ALLOWED. Email notice to: Thomas J. Hogan and Attorney Patrick J. Heffernan. Judge: Roberts, Hon. Jennifer S.D.
  11. The case has been assigned to the F Track. Notice sent.
  12. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 01/19/2022 Time: 10:00 AM Email notice to: Attorney Patrick J. Heffernan and Attorney Thomas J. Hogan.
  13. Summons returned to Court with service on Charles J. Mikalauskis, Lucy Mikalauskis filed. As to Charles J. Mikalauskis - 12/13/2021: Service by leaving at the last and usual place of abode and by mailing; As to Lucy Mikalauskis - 12/13/2021: Service by leaving at the last and usual place of abode and by mailing.
  14. Letter Response from Lucy A. Mikalauskis, filed.
  15. Plaintiff's Statement for Case Management Conference, filed by email.
  16. Appearance of William J Phelan, Esq. for Charles J. Mikalauskis, Lucy Mikalauskis, filed
  17. Assented To Motion to Enlarge Time to File Responsive Pleading and to Continue Case Management Conference (for 60 days), filed by email.
  18. Assented To Motion to Enlarge Time to File Responsive Pleading and to Continue Case Management Conference (for 60 days) ALLOWED. Case Management Conference via Zoom scheduled January 19, 2022 at 10:00 AM is VACATED. Case Management Conference via Zoom rescheduled March 9, 2022 at 9:00 AM. Email notice to: Attorney Thomas J. Hogan; Attorney Patrick J. Heffernan; and Attorney William J. Phelan. Judge: Roberts, Hon. Jennifer S.D.
  19. Event Resulted: Case Management Conference scheduled on: 01/19/2022 10:00 AM Has been: Rescheduled For the following reason: Request of all Parties Hon. Jennifer S.D. Roberts, Presiding
  20. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 03/09/2022 Time: 09:00 AM Email notice to: Attorney Thomas J. Hogan; Attorney Patrick J. Heffernan; and Attorney William J. Phelan.
  21. Assented Motion to Continue Case Management Conference (scheduled March 9, 2022 at 9:00 AM), filed by email.
  22. Assented Motion to Continue Case Management Conference ALLOWED. Case Management Conference via Zoom scheduled March 9, 2022 at 9:30 AM is VACATED. Case Management Conference via Zoom scheduled March 29, 2022 at 9:30 AM. Email notice to Thomas J. Hogan; Attorney Patrick J. Heffernan; and Attorney William J. Phelan. Judge: Roberts, Hon. Jennifer S.D.
  23. Event Resulted: Case Management Conference scheduled on: 03/09/2022 09:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  24. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 03/29/2022 Time: 09:30 AM Email notice to Thomas J. Hogan; Attorney Patrick J. Heffernan; and Attorney William J. Phelan.
  25. Joint Statement for Case Management Conference, filed by email.
  26. Event Resulted: Case Management Conference scheduled on: 03/29/2022 09:30 AM Has been: Held via video. Attorney Patrick J. Heffernan appeared for plaintiff and Attorney William J. Phelan appeared for defendants. The court informed the parties that it does not presently have jurisdiction over defendants' G. L. c. 93A counterclaims. Accordingly, the court advised Attorney Phelan to submit a request to the Chief Justice of the Trial Court to have this court assigned to the matter as a Superior Court judge in the event he wishes this matter to remain in this forum. Attorney Heffernan offered to assist Attorney Phelan with that process. Regarding discovery, Attorney Heffernan stated that he intends to conduct written discovery and has not yet determined whether depositions will be necessary. Attorney Phelan reported that he intends to conduct written discovery and conduct several depositions. The court set a discovery deadline of October 7, 2022 and scheduled a further status conference for October 14, 2022 at 9:00 a.m., to be held via Zoom. If he intends to do so, Attorney Phelan is to request that this court be assigned as a Superior Court judge by April 12, 2022. The court scheduled a hearing on plaintiff's pending lis pendens motion for April 5, 2022 at 10:00 a.m., to be held via Zoom. Email notice to: Attorney Patrick J. Heffernan and Attorney William J. Phelan.
  27. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Thomas J Hogan, Esq. [email protected] Plaintiff: Patrick Joseph Heffernan, Esq. [email protected] Defendant: William J Phelan, Esq. [email protected] null: File Copy Sent On: 03/30/2022 14:29:25
  28. Hearing Notice issued on Application for Lis Pendens. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Lis Pendens VIA ZOOM Date: 04/05/2022 Time: 10:00 AM Email notice to Thomas J. Hogan; Attorney Patrick J. Heffernan; and Attorney William J. Phelan.
  29. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 10/14/2022 Time: 09:00 AM Email notice to Thomas J. Hogan; Attorney Patrick J. Heffernan; and Attorney William J. Phelan.
  30. Answer, Counterclaim and Third Party Claim of Charles Mikalaukis, filed by email.
  31. Answer, Counterclaim of Lucy Mikalaukis, filed by email.
  32. Notice of Docket Entry: In view of defendants' filing of a special motion to dismiss pursuant to G.L. c. 184, sec. 15, after the close of business yesterday, the hearing on plaintiff's motion for endorsement of a lis pendens at 10:00 a.m. today is vacated. The hearing on both the special motion to dismiss and the motion for endorsement of a lis pendens will be heard at 9:30 on April 15, 2022. Any opposition to the special motion to dismiss should be filed and served by noon on April 14, 2022. Email notice to Thomas J. Hogan; Attorney Patrick J. Heffernan; and Attorney William J. Phelan Judge: Roberts, Hon. Jennifer S.D.
  33. Event Resulted: Hearing on Lis Pendens scheduled on: 04/05/2022 10:00 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding
  34. Answer, Counterclaim of Lucy Mikalaukis, filed by email.
  35. Verification of Defendants Answers and Counterclaims, filed by email.
  36. Motion In Opposition to Plaintiff's Motion for Memorandum of Lis Pendens and Motion to Dismiss Complaint as Frivolous, filed by email.
  37. Hearing Notice issued on Application for Lis Pendens. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Lis Pendens and Motion to Dismiss Complaint as Frivolous Date: 04/15/2022 Time: 09:30 AM Email notice to: Attorney Thomas J. Hogan; Attorney Patrick J. Heffernan; and Attorney William J. Phelan.
  38. Plaintiff's Opposition to Defendant's Motion to Dismiss as Frivolous, filed by email.
  39. Answer to Counterclaims of Charles Mikalauskis, filed by email.
  40. Answer to Counterclaims of Lucy Mikalauskis, filed by email.
  41. Event Resulted: Hearing on Plaintiff's Motion For Endorsement Of Lis Pendens and Defendants' Motion To Dismiss Complaint As Frivolous ("Lis Pendens Motion" and "Motion To Dismiss") scheduled on: 04/15/2022 09:30 AM Has been: Held via video. Attorney Patrick Heffernan appeared for plaintiff and Attorney William J. Phelan appeared for defendants. The court set a deadline of April 25, 2022 for Attorney Heffernan to (1) file an amended complaint with a verification that complies with the lis pendens statute and with all material facts set forth, including, in particular, a copy of the extension of the purchase and sale agreement, and (2) inform the court as to whether he intends to pursue his motion for a lis pendens. The court set a deadline for April 29, 2022 for Attorney Phelan to determine whether he intends to pursue the Motion To Dismiss. Counsel are to inform Sessions Clerk Hayes of their respective intentions via email by the aforementioned deadlines. Accordingly, the Lis Pendens Motion and the Motion To Dismiss are HELD IN ABEYANCE. Email notice to: Attorney Patrick Heffernan and Attorney William J. Phelan. Hon. Jennifer S.D. Roberts, Presiding
  42. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Thomas J Hogan, Esq. [email protected] Plaintiff: Patrick Joseph Heffernan, Esq. [email protected] Defendant: William J Phelan, Esq. [email protected] null: File Copy Sent On: 04/21/2022 12:39:02
  43. Chief Justice of the Trial Court Order of Transfer and Assignment dated April 27, 2022.
  44. Event Resulted: Status Conference scheduled on: 10/14/2022 09:00 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding

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