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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-01-26
Status Closed
Type Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket 44 entries
Disposition case dismissed

Parties

Plaintiff V.s. Haseotes & Sons Limited Partnership
Defendant Essex Capital Partners, Llc

Lawyers

Docket Entries

  1. omplaint filed.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 437822 Date: 01/27/2023
  4. and Court surcharge Receipt: 437822 Date: 01/27/2023
  5. and Court summons Receipt: 437822 Date: 01/27/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the A Track. Notice sent.
  8. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 02/27/2023 Time: 10:30 AM
  9. oint Statement of the Parties, filed.
  10. ppearance of Ronald W Dunbar, Jr., Esq. for Essex Capital Partners, LLC, filed
  11. vent Resulted: Case Management Conference scheduled on: 02/27/2023 10:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  12. lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  13. elephonic case management conference and initial intervention event held. Both parties appeared through counsel. Plaintiff V.S. Haseotes & Sons Limited Partnership seeks a declaration that the Purchase & Sale Agreement it entered into with defendant Essex Capital Partners is no longer binding. Essex, the buyer under the agreement, argues Haseotes & Sons is still bound under it. There is a case in Plymouth Superior Court with related claims. The Court ORDERS Haseotes & Sons to file by March 10, 2023 a status report on whether it plans to pursue its claims in Superior Court, or whether it plans to try to pursue certain claims in the Land Court. The Court GRANTS Essex leave to not file its Answer or any dispositive motions or counterclaims in the meantime. The parties assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Nicholas J Pompeo, Esq. [email protected] Defendant: Ronald W Dunbar, Jr., Esq. [email protected] Sent On: 02/27/2023 13:46:11
  14. tatus Report, filed.
  15. he Court has received V.S. Haseotes's status report. The Court ORDERS Essex Capital to answer VSH's complaint or otherwise plead by March 20, 2023. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Nicholas J Pompeo, Esq. [email protected] Defendant: Ronald W Dunbar, Jr., Esq. [email protected] Sent On: 03/10/2023 07:56:44
  16. nswer of Essex Capital Partners, LLC filed.
  17. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 04/03/2023 Time: 11:30 AM
  18. vent Resulted: Case Management Conference scheduled on: 04/03/2023 11:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  19. econd case management conference held by telephone. The parties appeared through counsel. After hearing from the parties, the Court ORDERS the parties to complete all discovery, fact and expert, by July 28, 2023. The Court ORDERS the parties to appear on August 4, 2023 at 9:30 AM by telephone for a status conference. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Nicholas J Pompeo, Esq. [email protected] Defendant: Ronald W Dunbar, Jr., Esq. [email protected] Sent On: 04/03/2023 13:46:35
  20. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 08/04/2023 Time: 09:30 AM
  21. vent Resulted: Status Conference scheduled on: 08/04/2023 09:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  22. elephonic status conference held. Both parties appeared through counsel. After hearing from the parties, the Court ORDERS V.S. Haseotes to file by September 8, 2023, a motion for summary judgment on all of its claims in this case. The Court ORDERS Essex Capital to file by September 22, 2023, any opposition to V.S. Haseotes' motion, and a cross-motion for summary judgment on all viable claims and defenses. The Court ORDERS V.S. Haseotes to file by October 6, 2023, any opposition to any cross-motion for summary judgment filed by Essex Capital. The Court REMINDS the parties that their motions and oppositions must comply with Rule 56 of the Massachusetts Rules of Civil Procedure and Land Court Rule 4. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Nicholas J Pompeo, Esq. [email protected] Defendant: Ronald W Dunbar, Jr., Esq. [email protected] Sent On: 08/04/2023 10:05:46
  23. laintiff V.S. Haseotes & Sons Limited Partnership's Motion for Summary Judgment, filed.
  24. laintiff's Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, filed.
  25. laintiff V.S. Haseotes & Sons Limited Partnership's Brief in Support of Motion for Summary Judgment, filed.
  26. ppendix for Plaintiff's Motion for Summary Mudgment, filed.
  27. efendant's Motion to Extend Summary Judgment Schedule One Week (Assented To), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  28. efendant's Second Motion to Extend Summary Judgment Schedule one Business Day (Assented To), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  29. efendant Essex Capital Partners, LLC. Memorandum in Opposition to Plaintiff V.S. Haseotes & Sons Limited Partnership's Motion for Summary Judgment, filed.
  30. efendant's Response to the Plaintiff's Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, filed.
  31. ppendix for Defendant's Opposition to Plaintiff's Motion for Summary Judgment, filed.
  32. laintiff's Motion to Extend Deadline to Serve and File Reply in Support of Motion for Summary Judgment (Assented To), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  33. laintiff's Second Motion to Extend Deadline to Serve and File Reply in Support of Motion for Summary Judgment (Assented To), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  34. laintiff V.S. Haseotes & Sons Limited Partnership's Reply in Support of Its Motion for Summary Judgment, filed.
  35. ombined Statement of Undisputed Material Facts with Plainitff V.S. Haseotes & Sons Limited partnership's Responses, filed.
  36. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 12/07/2023 Time: 02:00 PM
  37. ssented to Motion to Continue Motion for Summary Judgment Hearing, filed.
  38. vent Resulted: Hearing scheduled on: 12/07/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Michael D. Vhay, Presiding
  39. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 03/05/2024 Time: 10:00 AM
  40. vent Resulted: Hearing scheduled on: 03/05/2024 10:00 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  41. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 01/16/2024 Time: 11:00 AM
  42. vent Resulted: Hearing scheduled on: 01/16/2024 11:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  43. earing on VSH's motion for summary judgment held via videoconference. Both parties appeared through counsel. After hearing from the parties, the Court DENIES VSH's motion for summary judgment because: (1) the disputed process outlined in paragraph 23(b) of the PSA starts with a "final measurement" of the "Usable Acres." The Court construes the term "final measurement" as referring to a final, unappealable determination of the disputed property's wetlands boundaries by the Halifax Conservation Commission, and not the 2022 delineation of the boundaries performed by Silva Engineering. The parties stipulated at today's hearing that the Commission didn't render its wetlands determination until January 9, 2024. The Court therefore HOLDS that Essex did not breach the PSA by not respond to VSH's November 2022 demand that Essex elect whether to proceed with the PSA. The Court asked VSH if the Court's summary-judgment ruling disposes of all of VSH's claims in this case; VSH agreed it did. The Court thus GRANTS Essex summary judgment on all counts of VSH's complaint, without prejudice to the parties' right to appeal. A separate judgment will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Nicholas J Pompeo, Esq. [email protected] Defendant: Ronald W Dunbar, Jr., Esq. [email protected] Sent On: 01/16/2024 15:19:27
  44. udgment of Dismissal, entered. (Copies emailed to Attorneys Nicholas Pompeo and Ronald Dunbar) Judge: Vhay, Hon. Michael D.

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