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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-12-02
Status Closed
Type Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 30 entries

Parties

Plaintiff Frias, Carolina
Defendant City Of Boston|Robinson, Christopher

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: 436393 Date: 12/02/2022
  4. Land Court surcharge Receipt: 436393 Date: 12/02/2022
  5. Land Court summons Receipt: 436393 Date: 12/02/2022
  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: 12/09/2022 Time: 10:00 AM
  8. First Amended Complaint, filed (by email).
  9. Appearance of E. Kate Buyuk, Esq. for City of Boston, filed
  10. Assented-to Motion of the City of Boston to Reschedule Hearing on the Application for Approval of Lis Pendens, filed and ALLOWED (Smith, J.).
  11. Event Resulted: Hearing on Lis Pendens scheduled on: 12/09/2022 10:00 AM Has been: Continued Hon. Kevin T. Smith, Presiding
  12. Hearing Notice issued on Application for Lis Pendens. Judge: Smith, Hon. Kevin T. Event: Hearing on Lis Pendens Date: 12/16/2022 Time: 10:30 AM
  13. City of Boston's Special Motion to Dismiss and Opposition to Plaintiff's Motion for Approval and Endorsement of Lis Pendens, filed (by email).
  14. Affidavit of Frances X. Hogan, filed (by email).
  15. Affidavit of James M. McDonough, Jr, Esq., filed (by email).
  16. Event Resulted: Hearing on Lis Pendens scheduled on: 12/16/2022 10:30 AM Has been: Continued Hon. Kevin T. Smith, Presiding
  17. Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 12/27/2022 Time: 09:30 AM
  18. Event Resulted: Hearing scheduled on: 12/27/2022 09:30 AM Has been: Rescheduled Hon. Kevin T. Smith, Presiding
  19. Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 12/29/2022 Time: 09:30 AM
  20. Event Resulted: Hearing scheduled on: 12/29/2022 09:30 AM Has been: Continued Hon. Kevin T. Smith, Presiding
  21. Joint Motion to Reschedule Hearing on Plaintiff's Application for Approval of Lis Pendens, filed and ALLOWED (Smith, J.). Judge: Smith, Hon. Kevin T.
  22. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 01/13/2023 Time: 10:00 AM
  23. Event Resulted: Status Conference scheduled on: 01/13/2023 10:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding January 13, 2023. Hearing on plaintiff's motion for approval of lis pendens and defendants' special motion to dismiss held via videoconference. Attorney Scott DeMello appeared for the plaintiff. Attorney Kate Buyuk appeared for the defendant city of Boston. In this action for specific performance pursuant to G. L. c. 185, § 1(k), the parties disagree on whether the plaintiff, who was the successful bidder at the foreclosure auction of 28 Alveston Street, Jamaica Plain, has an actionable claim to title to the property. The house at the property is in a dilapidated condition and does not meet the City of Boston building code. Following the auction, the parties entered into a memorandum of sale that contained the final terms for closing. Among other terms, the property is subject to an affordability covenant and, relatedly, an owner occupancy requirement. Prior to closing, the city requested information from the plaintiff related to the schedule, budget, and funding for bringing the building into compliance with the building code prior to occupancy. The city was unsatisfied with the information provided by the plaintiff and terminated the memorandum of sale after the plaintiff was not prepared to close on the date agreed upon in the memorandum of sale. The plaintiff asserts that the defendants imposed conditions concerning her obligation to renovate the property that prevented the plaintiff from closing on the agreed date. The defendants argue that because the plaintiff was not ready to close on the agreed date, the memorandum of sale expired by its terms and the city is no longer under any obligation to sell the property to the plaintiff. Following argument, the court DENIED the defendants special motion to dismiss. The court ALLOWED the plaintiff's motion for approval of a memorandum of lis pendens. The court scheduled a case management conference for January 27, 2023 at 3pm, at which time the court plans to discuss whether the parties would be amenable to a mediation screening. The parties must submit a joint written status report one week before the case management conference.
  24. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 01/27/2023 Time: 03:00 PM
  25. Joint Case Management Conference Statement, filed.
  26. Event Resulted: Case Management Conference scheduled on: 01/27/2023 03:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding January 27, 2023. Case management conference held via videoconference. Early intervention event held. Attorneys Scott DeMello and Robert D'Alfonso appeared for the plaintiff. Attorney Kate Buyuk appeared for the defendant City of Boston. This is an action for specific performance, pursuant to G. L. c. 185, § 1(k), of a contract to sell the subject property to the plaintiff, Ms. Carolina Frias, who was the successful bidder at foreclosure auction. The facts of the case and arguments of the parties were summarized at the status conference on January 13, 2023 and were not reviewed at this case management conference. The parties indicated that they have been engaging in discussions for mediation, but resolution through mediation does not seem likely at this time. Following colloquy, the court adopted the parties' proposed discovery schedule as follows: written discovery served no later than May 31, 2023; all written discovery completed no later than July 31, 2023; plaintiff's expert disclosure no later than August 18, 2023; and defendants' expert disclosure no later than September 8, 2023. The parties indicated to the court that they are unlikely to file dispositive motions in this matter but would like to reserve the opportunity to do so. As a result, the court declined to adopt a briefing schedule for dispositive motions and instead scheduled a status conference for September 11, 2023 at 10am. At that time, the parties will discuss whether either party intends to file dispositive motions and whether the parties would benefit from a mediation screening. If neither is appropriate at that time, the parties will discuss a date for trial. (Smith, J.).
  27. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 09/11/2023 Time: 10:00 AM
  28. City of Boston's Answer to Plaintiff's Complaint, filed.
  29. Stipulation of Dismissal with Prejudice and without Costs as Between the Plaintiff and Defendant City of Boston and Stipulation of Dismissal without Prejudice and without Costs as to Defendant Christopher Robinson, Personal Representative of the Estate of Ellen C. Robinson, filed.
  30. Event Resulted: Status Conference scheduled on: 09/11/2023 10:00 AM Has been: Canceled For the following reason: Case Closed Hon. Kevin T. Smith, Presiding

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