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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-02
Status Closed
Type Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket 27 entries

Parties

Plaintiff Jmf Realty Llc
Defendant Tatelman (estate Of), Cynthia R.|Tatelman, Laurie Anne

Lawyers

Docket Entries

  1. omplaint filed.
  2. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 432987 Date: 08/02/2022
  4. and Court surcharge Receipt: 432987 Date: 08/02/2022
  5. and Court summons Receipt: 432989 Date: 08/02/2022
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 08/26/2022 Time: 10:00 AM
  8. cheduled Judge: Foster, Hon. Robert B. Event: Motion Date: 08/02/2022 Time: 02:30 PM
  9. vent Resulted: Motion scheduled on: 08/02/2022 02:30 PM Has been: Held in person Hon. Robert B. Foster, Presiding "August 2, 2022. Motion for Ex Parte Approval of Memorandum of Lis Pendens heard. Attorney Susan Rozzi Plunkett appeared. After hearing, the court finds that the complaint is properly verified pursuant to G.L. c. 184, § 15(b), that the subject matter of this action constitutes a claim of a right to title to real property or the use and occupation thereof or the buildings thereon, and that, based on the subject property being listed for sale, there is a clear danger that the defendant, if notified in advance of the memorandum, will convey, encumber, damage or destroy the property or the improvements thereon. Motion for Ex Parte Approval of Memorandum of Lis Pendens ALLOWED. Memorandum of Lis Pendens ENDORSED. The Case Management Conference is scheduled for August 26, 2022, at 10:00am in person." (Notice of docket entry emailed to Attorneys of record)
  10. oint Statement, filed.
  11. vent Resulted: Case Management Conference scheduled on: 08/26/2022 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding "August 26, 2022. Case Management Conference held via video conferece. Attorneys David Plunkett and Rebecca Edmondson-Korom appeared. In this case, Plaintiffs seek to enforce a purchase and sale agreement entered into with the defendant; the defendant has raised issues of the capacity of defendant to enter into the contract, as well as the ability and willingness of the plaintiff to perform. Parties report that the subject property is currently the subject of foreclosure proceedings. Parties both indicate a willingness to mediate the issue. Discovery is stayed, and parties will be referred to Attorney Barbara Macy for mediation. A status conference is set down for October 3, 2022 at 2:30pm by Zoom." (Notice of docket entry emailed to Attorneys of record)
  12. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 10/03/2022 Time: 02:30 PM
  13. otice of Appearance and Objection, filed.
  14. otion to Remove Lis Pendens on 63 Franklin Street Revere, filed.
  15. ffidavit of Attorney Rebecca D Edmondson-Korom Esq, filed.
  16. otice of Docket Entry: Opposition to Motion to Remove Lis Pendens on 63 Franklin Street, Revere is due September 29, 2022. The motion will be heard at the October 3, 2022 status conference. (Notice of docket entry emailed to counsels of record)
  17. ffidavit of Michael J. Farris in Opposition to Defendants Motion to Remove Lis Pendens, filed.
  18. laintiffs Opposition to Defendants Motion to Remove Lis Pendens, filed.
  19. vent Resulted: Status Conference scheduled on: 10/03/2022 02:30 PM Has been: Held via video Hon. Robert B. Foster, Presiding "October 3, 2022. Hearing and Status Conference held via remote video conference. Attorneys David Plunkett and Rebecca Edmondson-Korom appeared. Defendant's Motion to Remove Lis Pendens heard. After argument, it appears that there are factual disputes, but that plaintiff has pled a claim for right, title, or interest in real estate that is supported by colorable factual allegations. Motion to Remove Lis Pendens DENIED. Court to refer parties to mediation with Barbara Macy. As defendant is an elderly person and there is a risk foreclosure, this case will be advanced for discovery and trial. Parties to complete discovery by December 30, 2022. Pre-Trial Conference set down for January 4, 2023 at 10:30 AM via Zoom. January 18-19, 2023 held as trial dates for this case if necessary. Parties to consider the possibility of a Summary Bench Trial under Land Court Rule 14 in this case" (Notice of docket entry emailed to Attorneys of record)
  20. cheduled Judge: Foster, Hon. Robert B. Event: Pre-Trial Conference Date: 01/04/2023 Time: 10:30 AM
  21. cheduled Judge: Foster, Hon. Robert B. Event: Trial Date: 01/18/2023 Time: 09:30 AM
  22. cheduled Judge: Foster, Hon. Robert B. Event: Ongoing Trial Date: 01/19/2023 Time: 09:30 AM
  23. oint Status Report Statement, filed.
  24. vent Resulted: Trial scheduled on: 01/18/2023 09:30 AM Has been: Canceled Hon. Robert B. Foster, Presiding
  25. vent Resulted: Ongoing Trial scheduled on: 01/19/2023 09:30 AM Has been: Canceled Hon. Robert B. Foster, Presiding
  26. vent Resulted: Pre-Trial Conference scheduled on: 01/04/2023 10:30 AM Has been: Canceled Hon. Robert B. Foster, Presiding
  27. Day Nisi Order issued. Returnable 02/10/2023.

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