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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-09-07
Status Open
Type Enforcement Of Restrictive Covenant
Docket 51 entries

Parties

Plaintiff Gikow, Michael L|Gikow, Francine Fritsch
Defendant Cleary Associates, Llc|Andover Community Trust, Inc.

Lawyers

Docket Entries

  1. ase assigned to: DCM Track F - Fast Track was added on 09/07/2023
  2. riginal civil complaint filed.
  3. ivil action cover sheet filed.
  4. ichael L Gikow, Francine Fritsch Gikow's MOTION for appointment of Special Process Server.
  5. ndorsement on Motion for Appointment Of Special Process Server (#3.0): ALLOWED
  6. ervice Returned for Defendant Cleary Associates, LLC: Service accepted by counsel
  7. ervice Returned for Defendant Andover Community Trust, Inc.: Service made at last and usual place of business on 9/18/2023, Andover Community Trust LLC c/o Blake Martin, President, 2 Dundee Park suite B02A, Andover MA 01810. Also mailed a copy, first class on September 22 2023 at Andover Community Trust. Service made in hand on 9/21/2023 to Denise Johnson CEO/ Executive Director of Andover Community Trust Inc, at 17 Sunset Rock Road, Andover MA 01810
  8. nswer to original complaint Applies To: Donnelly, Esq., John M (Attorney) on behalf of Cleary Associates, LLC (Defendant); Johnson, Esq., Mark B (Attorney) on behalf of Cleary Associates, LLC (Defendant)
  9. efendant Andover Community Trust, Inc.'s Motion for extension of time to respond to complaint until October 31, 2023
  10. ndorsement on Motion for an extension of time to respond to the complaint until October 31st, 2023 (#7.0): ALLOWED The unopposed request is ALLOWED.
  11. nswer to original complaint Applies To: Heffernan, Esq., Patrick Joseph (Attorney) on behalf of Andover Community Trust, Inc. (Defendant)
  12. efendant Cleary Associates, LLC's Motion for summary judgment, MRCP 56
  13. leary Associates, LLC's Memorandum in support of defendant's motion for summary judgment
  14. ffidavit of John F. Troy
  15. efendant Andover Community Trust, Inc.'s Motion for summary judgment, MRCP 56
  16. ndover Community Trust, Inc.'s Memorandum in support of motion for summary judgment
  17. pposition to motions for summary judgment of defendants Cleary Associates, LLC and Andover Community Trust, Inc. filed by Michael L Gikow, Francine Fritsch Gikow
  18. eply/Sur-reply Defendant Cleary Associate, LLC'S Reply to plaintiff's Opposition to motion for summary judgment
  19. ffidavit of Thomas J. Flannagan
  20. ffidavit of William J. Cleary
  21. ffidavit of Deborah Nowell
  22. xhibits/Appendix
  23. ffidavit of compliance with Superior Court Rule 9A Applies To: Donnelly, Esq., John M (Attorney) on behalf of Cleary Associates, LLC (Defendant)
  24. ffidavit of compliance with Superior Court Rule 9C Applies To: Donnelly, Esq., John M (Attorney) on behalf of Cleary Associates, LLC (Defendant)
  25. tatement of Undisputed Facts
  26. ule 9A notice of filing & List of Documents
  27. ertificate of service of attorney or Pro Se: John M Donnelly, Esq.
  28. laintiffs Michael L Gikow, Francine Fritsch Gikow's Request for hearing on defendants' motions for summary judgment
  29. ertificate of service of attorney or Pro Se: Thomas J Flannagan, Esq.
  30. vent Result:: Rule 56 Hearing scheduled on: 03/14/2024 02:30 PM Has been: Held as Scheduled Comments: Additional Discovery (3 months) is being permitted by the court and the parties shall supplement their Summary Judgment motion pleadings. No action taken on the current motions until the supplemental memoranda or other pleadings are properly served and filed. Hon. Janice W Howe, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
  31. ndorsement on Motion for summary judgment, MRCP 56 (#9.0): Other action taken After hearing, and upon consideration of the submissions of the parties and the relevant docket and tracking order, the court concludes that the parties' request for an opportunity to conduct discovery should be allowed. Therefore, the parties shall have three (3) months to conduct and complete discovery. Thereafter, any supplemental memoranda in support or in opposition to the current motion for summary judgment shall be filed. The court will take no action on this motion until the supplemental memoranda or other pleadings are properly served and filed.
  32. ndorsement on Motion for summary judgment, MRCP 56 (#10.0): Other action taken See order on Paper No. 9
  33. ttorney appearance withdrawal electronically filed. Applies To: Sheehan, III, Esq., William H (Attorney) on behalf of Gikow, Francine Fritsch, Gikow, Michael L (Plaintiff)
  34. ttorney appearance electronically filed. Applies To: Cunio, Esq., Christopher J (Attorney) on behalf of Gikow, Francine Fritsch, Gikow, Michael L (Plaintiff)
  35. arty(s) file Stipulation of Dismissal Applies To: Cleary Associates, LLC (Defendant)
  36. arty status: Defendant Cleary Associates, LLC: Dismissed by agreement of parties
  37. laintiff Michael L Gikow, Francine Fritsch Gikow's Joint Request for Rule 16 Conference
  38. vent Result:: Rule 16 Conference scheduled on: 04/15/2025 02:00 PM Has been: Held as Scheduled Comments: Plaintiff Counsel Nicholas Stellakis and Christopher Cunio and Defense Counsel Patrick Heffernan appearing. Parties had a discussion with Judge Dunigan regarding whether the R56 motion, which was commenced under Judge Howe in March 2024, needs to resume before her once the parties supplement their papers. Judge Dunigan determined that the matter need not return to Judge Howe and that the parties would simply file the supplemental papers and by 6/5/25 and that a new hearing would be conducted on 6/12/25. Hon. Elizabeth Dunigan, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
  39. RDER: SCHEDULING ORDER After a Rule 16 Conference on April 15, 2025, attended by the parties hereto, and notwithstanding the tracking order in this case, the COURT ORDERS that: 1. Supplemental Summary Judgment motions to be served no later than: June 5, 2025 with the Court. 2. Summary Judgment: Hearing to be held on June 12, 2025. (Dated April 15, 2025)
  40. laintiffs Michael L Gikow, Francine Fritsch Gikow's Cross Motion for summary judgment, MRCP 56
  41. ichael L Gikow, Francine Fritsch Gikow's Memorandum in opposition to defendant's motion for summary judgment and in support of cross motion for summary judgment
  42. eclaration of Nicholas D. Stellakis in support of plaintiffs' supplemental memorandum in opposition to defendant's motion for summary judgment and in support of cross motion for summary judgment
  43. eply/Sur-reply Defendant's reply to plaintiff's supplemental memorandum in opposition to defendant's motion for summary judgment and support of cross motion for summary judgment
  44. eply/Sur-reply Plaintiffs' reply supplemental memorandum in opposition to defendant's motion for summary judgment and in support of cross motion for summary judgment
  45. xhibits/Appendix Appendix of Exhibits
  46. laintiffs Michael L Gikow, Francine Fritsch Gikow's Motion for approval of Memorandum of Lis Pendens
  47. erification of plaintiffs in support of motion for approval of memorandum of lis pendens
  48. pposition to plaintiffs' motion for approval of lis pendens filed by Andover Community Trust, Inc.
  49. ertificate of Compliance Superior Court Rule 9C *Efiled
  50. ule 9A notice of filing *Efiled
  51. ndorsement on Motion for approval of Memorandum of Lis Pendens (#16.0): Other action taken After a hearing, and by agreement, the Court Orders the parties shall maintain the status quo pending the outcome of the Summary Judgement motions heard on 6/12/2025. No Action on the request for Memorandum of Lis Pendens.

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