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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2025-03-03
Status Open
Type Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 35 entries

Parties

Plaintiff Erlandson, Jane|Manikandan Periasamy, Naveen
Defendant Garcia, Eriberto

Lawyers

Docket Entries

  1. omplaint filed.
  2. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 03/03/2025 Time: 03:30 PM
  3. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  4. and Court miscellaneous filing fee Receipt: 458599 Date: 03/03/2025
  5. and Court surcharge Receipt: 458599 Date: 03/03/2025
  6. and Court summons Receipt: 458599 Date: 03/03/2025
  7. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  8. laintiffs' Ex Parte Motion for Temproary Restraining Order and Application for Preliminary Injunction, filed.
  9. laintiffs' Memorandum of Law in Support of Their Ex Parte Motion for Temporary Restraining Order, and Application for Preliminary Injunction, filed.
  10. laintiffs' Ex Parte Motion for Short Order of Notice, filed.
  11. laintiffs Ex Parte Motion for Approval of a Memorandum of Lis Pendens, filed.
  12. Proposed) Memorandum of Lis Pendens, filed.
  13. Proposed) Order, filed.
  14. earing scheduled on: 03/03/2025 03:30 PM Has been: Held in person Memorandum of Lis Pendens, issued. The Court finds that the complaint constitutes a claim to right, title or interest in real property or to the use and occupation thereof or to the buildings thereon, and there is a risk that if this lis pendens is not issued, the defendant will convey or otherwise encumber the subject property. By the Court, (Foster, J) Judge: Foster, Hon. Robert B.
  15. cheduled Judge: Vhay, Hon. Michael D. Event: Temporary Restraining Order Date: 03/10/2025 Time: 09:00 AM RESCHULED to March 12, 2025 at 3:30 PM.
  16. emporary Restraining Order issued to Defendant Eriberto Garcia and your officers, agents, servants, employees and attorneys, and upon those persons in active concert or participation with you who receive actual notice of this order by personal service or otherwise are hereby enjoined until further order of this court from: directly or indirectly, selling, transferring, developing, encumbering, wasting, or otherwise disposing of the property known as 18 Elm Crest Road, located in North Andover, Massachusetts.
  17. and Court temporary restraining order Receipt: 458643 Date: 03/04/2025
  18. otice of Docket Entry: The Court RESCHEDULES the hearing on plaintiffs' motion for a preliminary injunction to Wednesday, March 12, 2025, at 3:30 PM. The hearing will be "live" unless all parties request no later than noon on March 12, 2025, that it be converted to a videoconference. A separate notice of hearing will issue; the Court ORDERS Plaintiffs to serve the notice promptly on Mr. Garcia and promptly file a certificate of such service. SO ORDERED. Notice of Docket Entry was generated and sent to: Plaintiff: Ryan C Siden, Esq. [email protected] Sent On: 03/04/2025 14:13:22
  19. ertificate of Service, filed.
  20. ppearance of William H Diadamo, Esq. for Eriberto Garcia, filed
  21. efendant Eriberto Garcia's Verified Opposition to the Motion for Temporary Restraining Order and Motion to Dissolve the Lis Pendens, filed.
  22. laintiffs' Reply to the Verified Opposition to the Motion for Temporary Restraining Order and Opposition to Motion to Dissolve Lis Pendens., filed.
  23. vent Resulted: Temporary Restraining Order scheduled on: 03/12/2025 03:30 PM Has been: Held in person Hon. Michael D. Vhay, Presiding
  24. rder in Advance of Trial, issued. (Copies emailed to Attorneys Stephanie Siden, Ryan Siden, Laura Fitzgerald, and William Diadamo) Judge: Vhay, Hon. Michael D.
  25. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 04/24/2025 Time: 09:30 AM
  26. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 04/25/2025 Time: 09:30 AM
  27. cheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 04/22/2025 Time: 12:30 PM
  28. ummons returned to Court with service on Eriberto Garcia filed.
  29. ummons returned to Court with service on Eriberto Garcia filed. Temporary Restraining Order/Preliminary Injunction Hearing and Notice
  30. laintiffs' Identification of the Names and Addresses of Witnesses Pursuant to Order in Advance of Trial (Vhay, J), filed.
  31. efendant's Identification of Witnesses Pursuant to Order in Advance of Trial, filed.
  32. efendant's Motion to Amend and Clarify the issues Identified in the Court's Order in Advance of Trial, filed.
  33. he Court has received Mr. Garcia's motion to amend or to clarify the issues for trial. The Court ORDERS Plaintiffs to file by March 26, 2025, any objection to the motion. The Court also has received the parties' witness lists. Mr. Garcia's asserts that he reserves the right to call any witness on Plaintiffs' list; that assertion is correct. Mr. Garcia also asserts that he reserves the right to call other witnesses not identified on his witness list; that assertion is incorrect. The Court PROHIBITS the parties from calling at trial, without leave of court, any witness that neither party has identified via their witness lists. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephanie T Siden, Esq. [email protected] Plaintiff: Laura L Fitzgerald, Esq. [email protected] Plaintiff: Ryan C Siden, Esq. [email protected] Defendant: William H Diadamo, Esq. [email protected] Sent On: 03/20/2025 10:57:51
  34. efendant's Answer to Plaintiffs' Verified Complaint, filed.
  35. laintiffs' Opposition to Defendant's Motion to Amend and Clarify the Issues Identified in the Court's Order in Advance of Trial, filed.

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