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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-06-27
Status Closed
Type Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 66 entries
Disposition judgment

Parties

Plaintiff Santos, Ruberter Portorreal
Defendant Pires, Frederico J.g.

Lawyers

Docket Entries

  1. omplaint filed.
  2. ffidavit of Craig M. Higgins, Esq, filed.
  3. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  4. and Court miscellaneous filing fee Receipt: 432068 Date: 06/27/2022
  5. and Court surcharge Receipt: 432068 Date: 06/27/2022
  6. and Court summons Receipt: 432068 Date: 06/27/2022
  7. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  8. he case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Craig Higgins, Esq. [email protected] null: File Copy Sent On: 06/27/2022 15:54:24
  9. he Court has reviewed the following motions by Ms. Santos: (1) Ex Parte Motion for Lis Pendens and Ex Parte Motion for Temporary Restraining Order. The Court DENIES the request to grant both motions on an ex parte basis, but ORDERS the parties to appear for a hearing on both motions, by Zoom videoconference, on July 15, 2022, at 3:15 PM. The Court denies ex parte relief because neither the Verified Complaint nor Ms. Santos's supporting affidavits show that there is a "clear danger" that Mr. Pires is likely to convey, encumber, damage or destroy 44 High Street Extension prior to a hearing on Ms. Santos's motions. (2) Motion to Central Housing Court Department to Stay and Transfer Proceedings to the Land Court. This Court will take no action on this motion, inasmuch as it appears to be addressed to the Housing Court and not this Court. The Court further ORDERS the parties to appear for a case-management conference on July 15, 2022, at 3:15 PM. A separate notice of case-management conference will issue, but the Court GRANTS the parties leave to file their joint conference memorandum by e-mail sent to the Sessions Clerk no later than 4:00 PM on July 13, 2022. The Court ORDERS Ms. Santos to serve Mr. Piers with a summons, complaint, the case-management conference order, her Ex Parte Motions, and this Order promptly, and to file returns of service by e-mail sent to the Sessions Clerk no later than 4:00 PM on July 13, 2022. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Craig Higgins, Esq. [email protected] null: File Copy Sent On: 06/27/2022 15:56:05
  10. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 07/15/2022 Time: 03:15 PM
  11. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/15/2022 Time: 03:15 PM
  12. x Parte Motion for Lis Pendens, filed.
  13. laintiff's Ex Parte Motion for Temporary Restraining Order, filed.
  14. emorandum of Lis Pendens, filed.
  15. ffidavit of Ruberter Portorreal Santos, filed.
  16. ummons returned to Court with service on Frederico J.G. Pires filed.
  17. tatus Conference Memorandum of Plaintiff, filed.
  18. ppearance of William E O'Neil, Jr., Esq. for Frederico J.G. Pires, filed
  19. efendant's Answer, filed.
  20. efendant's Objection to Plaintiff's Motion for Lis Pendens and/or Restraining Order, filed.
  21. emorandum of Lis Pendens, filed.
  22. vent Resulted: Case Management Conference scheduled on: 07/15/2022 03:15 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  23. vent Resulted: Hearing scheduled on: 07/15/2022 03:15 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  24. lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  25. ase management conference, initial intervention event and hearing by videoconference held on plaintiff Ruberter Portorreal Santos's Motion for Lis Pendens and a Temporary Restraining Order held. Both parties appeared through counsel. Each of the parties also present. Defendant Frederico Pires owns 44 High Street Extension in Lancaster MA, and Ms. Santos is a tenant at that property. Ms. Santos claims that Mr. Pires agreed to sell her the property, via a written purchase and sale agreement signed in 2019 and allegedly amended in 2020. Ms. Santos seeks specific performance of Mr. Pires's duties under the purchase and sale agreement. Mr. Pires claims that Ms. Santos didn't timely perform her obligations under the agreement, and that it expired by its own terms. After hearing argument, the Court (a) DENIES without prejudice Ms. Santos' Motion for a Temporary Restraining Order, but (b) GRANTS her motion for endorsement of a memorandum of lis pendens. The Court ORDERS the parties (1) to file by August 12, 2022, motions to compel any discovery that is outstanding at that time, and (2) to complete by September 16, 2022, all discovery (both fact and expert). The Court ORDERS the parties to respond to all document requests and interrogatories within 21 days of service. The Court PROHIBITS the parties from serving requests for admissions without leave of the Court. The Court ORDERS the parties to appear on September 23, 2022 at 10:00 AM for a pre-trial conference. A separate notice of pretrial conference will issue, but the Court GRANTS the parties leave to include in their joint pre-trial conference memorandum only a list of witnesses, their agreed exhibits, and their proposed but contested exhibits. The parties assent to filing all materials with the Court, and serving such materials on each other, by email. The Court encouraged the parties to consider alternative dispute resolution, and advised them that the Court likely would stay this proceeding if the parties jointly requested time to explore settlement. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Craig Higgins, Esq. [email protected] Defendant: William E O'Neil, Jr., Esq. [email protected] null: File Copy Sent On: 07/18/2022 09:24:52
  26. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 09/23/2022 Time: 10:00 AM
  27. udicial Endorsement of Lis Pendens, issued. Order sent to counsel of record by email.
  28. retrial Memorandum of Plaintiff, filed.
  29. he Court has reviewed Plaintiff's Pretrial Conference Memorandum. Plaintiff's filing of the memorandum doesn't comply with the Court's July 18, 2022, pretrial conference order, as it is not a jointly prepared memorandum. That same order required the parties to file a joint memorandum by no later than seven days before the September 23, 2022, pretrial conference. The Court ORDERS the parties to file no later than noon on September 22, 2022 (a) the late joint pretrial conference memorandum and (b) separate statements explaining why the parties failed to comply with the July 18, 2022, pretrial conference order, both with respect to the filing of a joint memorandum and the deadline for that memorandum. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Craig Higgins, Esq. [email protected] Defendant: William E O'Neil, Jr., Esq. [email protected] Sent On: 09/20/2022 15:06:06
  30. oint Pretrial Memorandum, filed.
  31. vent Resulted: Pre-Trial Conference scheduled on: 09/23/2022 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  32. elephonic pre-trial conference held. All parties appeared through counsel. The parties report that they are exploring settlement. After hearing from the parties, the Court ORDERS them to submit by October 7, 2022 a joint report stating that the parties either: (1) have agreed to mediate the dispute (including the name of the chosen mediator and date of the mediation, if available); (2) have agreed to settle or are requesting additional time to discuss settlement; or (3) believe settlement is unlikely. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Craig Higgins, Esq. [email protected] Defendant: William E O'Neil, Jr., Esq. [email protected] Sent On: 09/23/2022 14:07:13
  33. oint Status Report, filed.
  34. he Court has reviewed the parties' latest status report. The Court ORDERS both parties to respond by October 21, 2022, in accordance with the Massachusetts Rules of Civil Procedure, to all discovery requests to which a party hasn't responded as of today. The Court ORDERS the parties to appear by videoconference on October 31, 2022, at 10:30 AM, for a continued pretrial conference. A separate notice of videoconference will issue. The Court ORDERS the parties to file by October 27, 2022, any supplements to their previously filed joint pretrial memorandum. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Craig Higgins, Esq. [email protected] Defendant: William E O'Neil, Jr., Esq. [email protected] Sent On: 10/07/2022 13:19:08
  35. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 10/31/2022 Time: 10:30 AM
  36. upplement to Joint Pretrial Memorandum, filed.
  37. vent Resulted: Status Conference scheduled on: 10/31/2022 10:30 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  38. ontinued pretrial videoconference held. The parties appeared through counsel. After hearing from the parties, the Court ORDERS them to appear for a live trial on January 10th and January 11th, 2023. The Court further ORDERS the parties to appear for a final pre-trial conference by telephone on January 4th, 2023, at 10:00 AM. The Court will issue a separate Order in Advance of Trial. Following objection, Ms. Santos withdrew her notice of Mr. Pires's deposition. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Craig Higgins, Esq. [email protected] Defendant: William E O'Neil, Jr., Esq. [email protected] Sent On: 10/31/2022 14:36:48
  39. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 01/10/2023 Time: 09:30 AM
  40. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 01/11/2023 Time: 09:30 AM
  41. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 01/04/2023 Time: 10:00 AM
  42. rder in Advance of Trial, issued. (Copies emailed to Attorneys Craig Higgins and William O'Neil) Judge: Vhay, Hon. Michael D.
  43. ppearance of Jake A Sambito, Esq. for Ruberter Portorreal Santos, filed
  44. equest for a Spanish Interpreter for Plaintiff Ruberter Portorreal Santon for the Trial dated January 10, 2023 through January 11, 2023, filed.
  45. greed Upon Findings of Facts, filed.
  46. efendant's Pre-Trial Brief, filed.
  47. wo Trial Exhibit Binders received.
  48. laintiff, Ruberter Portorreal Santos Pretrial Brief, filed.
  49. vent Resulted: Status Conference scheduled on: 01/04/2023 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  50. elephonic final pre-trial conference held. Both parties appeared through counsel. The parties are ready for trial. The Court will inform the parties by Monday morning, January 9, 2022, whether the trial will need be postponed on account of illness. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Craig Higgins, Esq. [email protected] Plaintiff: Jake A Sambito, Esq. [email protected] Defendant: William E O'Neil, Jr., Esq. [email protected] Sent On: 01/04/2023 11:16:17
  51. vent Resulted: Trial scheduled on: 01/11/2023 09:30 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  52. vent Resulted: Trial scheduled on: 01/10/2023 09:30 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  53. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 01/10/2023 Time: 09:30 AM
  54. vent Resulted: Status Conference scheduled on: 01/10/2023 09:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  55. elephonic status conference held. Both parties appeared through counsel. The Court ORDERS the parties to appear for trial on March 15 and March 16, 2023, at the Land Court in Boston. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Craig Higgins, Esq. [email protected] Plaintiff: Jake A Sambito, Esq. [email protected] Defendant: William E O'Neil, Jr., Esq. [email protected] Sent On: 01/10/2023 10:12:11
  56. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 03/15/2023 Time: 09:30 AM
  57. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 03/16/2023 Time: 09:30 AM
  58. vent Resulted: Trial scheduled on: 03/15/2023 09:30 AM Has been: Held - First Day of Trial Hon. Michael D. Vhay, Presiding
  59. rial Ends.: Trial scheduled on: 03/16/2023 10:00 AM Has been: Held - Trial Ends Hon. Michael D. Vhay, Presiding
  60. indings of Fact and Conclusions of Law (Rule 52, Mass. R. Civ. P.) issued. (Copies emailed to Attorneys Jake Sambito, Craig Higgins, and William O'Neill) Judge: Vhay, Hon. Michael D.
  61. udgment after trial entered. (Copies emailed to Attorneys Jake Sambito, Craig Higgins, and William O'Neill) Judge: Vhay, Hon. Michael D.
  62. otice of Appeal by Frederico J.G. Pires to the Appeals Court filed.
  63. he Court has received a notice of appeal filed by Mr. Pires himself, and not his counsel of record. The Court ORDERS his counsel of record to file by July 18, 2023, a suitable notice of withdrawal if he no longer represents Mr. Pires. If Mr. Pires is henceforth representing himself, the Court ADVISES him to review the Massachusetts Rules of Appellate Procedure regarding certain obligations he has following the filing of his notice of appeal. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry also sent to counsel of record and to Mr. Pires by email. Notice of Docket Entry was generated and sent to: Plaintiff: Craig Higgins, Esq. [email protected] Plaintiff: Jake A Sambito, Esq. [email protected] Defendant: William E O'Neil, Jr., Esq. [email protected] Sent On: 07/11/2023 08:50:13
  64. ithdrawal of William E O'Neil, Jr., Esq. for Frederico J.G. Pires, filed
  65. otice of Assembly of Record on Appeal sent to the Clerk of the Appeals Court.
  66. otice of Assembly of Record on Appeal sent to all counsel of record.

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