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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2025-03-17
Status Open
Type E Filed Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 15 entries

Parties

Plaintiff Historic Round Hill Summit, Llc
Defendant The Clarke School For The Deaf D/b/a Clarke Schools For Hearing And Speech

Lawyers

Docket Entries

  1. and Court miscellaneous filing fee Receipt: 459005 Date: 03/17/2025
  2. and Court surcharge Receipt: 459005 Date: 03/17/2025
  3. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  4. erified Complaint eFiled.
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. ummons returned to Court with service on The Clarke School for the Deaf d/b/a Clarke Schools for Hearing and Speech filed.
  7. he case has been assigned to the F Track. Notice sent. Judge: Vhay, Hon. Michael D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Christopher Hennessey, Esq. [email protected] Sent On: 03/25/2025 13:39:25
  8. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 04/29/2025 Time: 09:00 AM
  9. efendant's Answer, Affirmative Defenses, and Demand for Jury Trial, filed.
  10. efendant's Motion to Frame Material Questions of Fact Pursuant to Mass. Gen. Laws C. 185 § 15, filed.
  11. emorandum of Law in Support of Defendant's Motion to Frame Jury Issues, filed.
  12. efendant's Motion for Expedited Hearing on Motion to Frame Jury Issues, filed.
  13. he Court has received The Clarke School's (1) motion to frame jury issues and (2) motion for expedited hearing on that motion. The Court ORDERS Plaintiff to file by April 8, 2025, any objection to the first motion; should Plaintiff assent to that motion, the second motion will be moot. The Court further notes that the Land Court lacks subject-matter jurisdiction over Plaintiff's claims in Count IV of its complaint, brought under G.L. c. 93A, sec. 11. See id. (allowing such claims to be brought in either the superior court or the housing court). The Court thus ORDERS Plaintiff to show cause by April 4, 2025, why this Court should not seek transfer of the entire case to Hampshire Superior Court, as that Court has concurrent jurisdiction with the Land Court over Plaintiff's remaining claims. The Court further ORDERS The Clarke School to state by April 4, 2025, whether it opposes transfer of the entire case to Hampshire Superior Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Hennessey, Esq. [email protected] Defendant: Mark Allan Tanner, Esq. [email protected] Sent On: 04/01/2025 14:51:57
  14. laintiff's Response to Order to Show Cause and unopposed Motion to Amend Complaint, filed.
  15. he Court has received Plaintiff's Response and unopposed Motion to Amend Complaint. The Court GRANTS the motion and ORDERS Plaintiff to file its amended complaint promptly. The Court DENIES as moot The Clarke School's motion to frame jury questions and its motion for an expedited hearing. The Court VACATES the fourth and fifth sentences of its April 1, 2025, order in this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Hennessey, Esq. [email protected] Defendant: Mark Allan Tanner, Esq. [email protected] Sent On: 04/02/2025 11:43:04

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