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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-01-18
Status Open
Type Land Taking
Docket 86 entries

Parties

Plaintiff Chery, Jean N|Chery, Jean Francois
Defendant Ez Cashing, Llc|City Of Brockton

Lawyers

Docket Entries

  1. tipulation of dismissal without Prejudice, without Costs, all appellate rights waived as to Jean N Chery, Jean Francois Chery's original complaint
  2. ttorney appearance On this date Kimberly K Kroha, Esq. added for Plaintiff Jean Francois Chery
  3. ase assigned to: DCM Track F - Fast Track was added on 01/18/2022
  4. riginal civil complaint filed.
  5. ivil action cover sheet filed.
  6. laintiff Jean N Chery, Jean Francois Chery's EMERGENCY Motion for temporary restraining order, certificate of service
  7. n Jean N Chery, Jean Francois Chery's application for a Preliminary Injunction a Summons and Temporary Restraining order issued against EZ Cashing, LLC, City of Brockton after payment of $90.00, returnable on 01/27/2022 03:00 PM Hearing on Preliminary Injunction. Until such hearing, the named party and their various attorneys and agents must: to refrain from issuing a check to E-Z Cashing, LLC, with respect to the City of Brockton, or receiving funds, with respect to E-Z Cashing, LLC, from the Order of Taking for real property at 99 Warren Avenue, Brockton, MA and (0) Highland Street (the "Property") for damages voted upon by the City of Brockton Town Council on December 27, 2021, in the amount of $2,447,080.00.
  8. laintiffs Jean N Chery, Jean Francois Chery's Joint Motion to extend temporary restraining order and continue hearing on preliminary injunction
  9. ttorney appearance On this date Michael E Swain, Esq. added as Private Counsel for Defendant EZ Cashing, LLC
  10. ttorney appearance On this date Megan Bridges, Esq. added for Defendant City of Brockton
  11. ttorney appearance On this date Gary Michael Hogan, Esq. added as Private Counsel for Plaintiff Jean N Chery & Plaintiff Jean Francois Chery
  12. vent Result:: Hearing on Preliminary Injunction scheduled on: 01/27/2022 03:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Brian Glenny, Presiding
  13. ndorsement on Motion to Extend Temporary Restraining Order and Continue Hearing On Preliminary Injunction (#5.0): ALLOWED
  14. laintiffs, Defendants Jean N Chery, Jean Francois Chery, EZ Cashing, LLC, City of Brockton's Joint Motion to Temporary Restraining Order and Continue Hearing on Preliminary Injunction
  15. ndorsement on Motion to extend temporary restraining order and continue hearing on preliminary injunction joint (#7.0): ALLOWED hearing continued to March 17,2022 copies sent Feb 16,2022 Judge: Glenny, Hon. Brian
  16. vent Result:: Hearing on Preliminary Injunction scheduled on: 02/17/2022 03:00 PM Has been: Not Held For the following reason: Joint request of parties Hon. Brian Glenny, Presiding
  17. otice sent to parties about preliminary injunction hearing scheduled for March 17,2022 at 2:00PM Civil B Session Brockton
  18. laintiffs Jean N Chery, Jean Francois Chery's Joint Motion to extend temporary restraining order and continue hearing on preliminary injunction
  19. vent Result:: Hearing on Preliminary Injunction scheduled on: 03/17/2022 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Brian Glenny, Presiding
  20. ndorsement on Motion to extend temporary restraining order and continue hearing on preliminary injunction (#9.0): ALLOWED Continued to April 28, 2022 @ 2:00pm Judge: Glenny, Hon. Brian
  21. otice to appear for Hearing on Preliminary Injunction on April 28, 2022 at 2 PM in Brockton Civil A Session CC: KK, GH, MS, MB
  22. laintiff Jean N Chery, Jean Francois Chery's Joint Motion to extend temporary restraining order and continue hearing on preliminary injunction
  23. ndorsement on Motion to extend temporary restraining order and continue hearing on preliminary injunction joint (#11.0): ALLOWED by agreement of the parties. Hearing continued to May 17,2022 at 2:00PM copies sent April 5,2022 Judge: O'Shea, Hon. Daniel J.
  24. vent Result:: Hearing on Preliminary Injunction scheduled on: 04/28/2022 02:00 PM Has been: Not Held For the following reason: Joint request of parties Hon. Daniel J. O'Shea, Presiding
  25. otice sent to parties about preliminary injunction hearing scheduled for May 17,2022 at 2:00PM Civil A Session Brockton
  26. laintiffs, Defendants Jean N Chery, Jean Francois Chery, EZ Cashing, LLC, City of Brockton's Motion to extend Temporary Restraining Order and Continue Hearing on Preliminary Injunction
  27. vent Result:: Hearing on Preliminary Injunction scheduled on: 05/17/2022 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Daniel J. O'Shea, Presiding
  28. ndorsement on Motion to extend temporary restraining order and continue hearing on preliminary injunction (#13.0): ALLOWED hearing continued to 6/22/22 at 2pm Judge: O'Shea, Hon. Daniel J.
  29. he following form was generated: Notice to Appear for hearing on preliminary injunction on 6/22/22 at 2pm Sent On: 05/18/2022 13:49:40
  30. laintiff, Defendant Jean N Chery, Jean Francois Chery, EZ Cashing, LLC, City of Brockton's Motion to Extend Temporary Restraining Order and Continue Hearing on Preliminary Injunction
  31. vent Result:: Hearing on Preliminary Injunction scheduled on: 06/22/2022 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Daniel J. O'Shea, Presiding
  32. ndorsement on Motion to extend temporary restraining order and continue hearing on preliminary injunction (#15.0): ALLOWED
  33. laintiff Jean N Chery, Jean Francois Chery, EZ Cashing, LLC, City of Brockton's Joint Motion to Extend Restraining Order and Continue Hearing for Preliminary Injunction
  34. he following form was generated: Notice to Appear Sent On: 07/19/2022 11:46:25
  35. vent Result:: Hearing on Preliminary Injunction scheduled on: 07/20/2022 02:00 PM Has been: Not Held For the following reason: Joint request of parties Hon. William F Sullivan, Presiding
  36. laintiff Jean N Chery, Jean Francois Chery's Joint Motion to extend temporary restraining order and continue hearing on preliminary injunction
  37. ttorney appearance On this date John T Precobb, Esq. added as Private Counsel for Defendant EZ Cashing, LLC
  38. vent Result:: Hearing on Preliminary Injunction scheduled on: 08/24/2022 03:00 PM Has been: Rescheduled For the following reason: Joint request of parties Conrod Boone, Presiding
  39. ndorsement on Motion to extend temporary restraining order and continue hearing on preliminary injunction (#18.0): ALLOWED continued to 9/28/22 @ 2:00pm for hearing on preliminary injunction Judge: Sullivan, Hon. William F
  40. otice to Appear for hearing on preliminary injunction on 9/28/22 @ 2:00pm cc: K.K., G.H., M.S., J.P., M.B.
  41. ttorney appearance On this date Erica Lynn Pereira, Esq. added for Defendant City of Brockton
  42. laintiffs, Defendants Jean N Chery, Jean Francois Chery, EZ Cashing, LLC, City of Brockton's Joint Motion to Extend Temporary Restraining Order and Continue Hearing on Preliminary Injunction
  43. vent Result:: Hearing on Preliminary Injunction scheduled on: 09/28/2022 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. William F Sullivan, Presiding
  44. ndorsement on Motion to extend temporary restraining order and continue hearing on preliminary injunction joint (#20.0): ALLOWED continued to November 10,2022 at 2:00PM for hearing on preliminary injunction copies sent Sept 28,2022 Judge: Sullivan, Hon. William F
  45. otice sent to parties about preliminary injunction hearing scheduled for November 10,2022 at 2:00PM Civil A Session Brockton
  46. laintiff Jean N Chery, Jean Francois Chery's Joint Motion to stay the proceedings upon stipulation regarding taking proceeds
  47. vent Result:: Hearing on Preliminary Injunction scheduled on: 11/10/2022 02:00 PM Has been: Not Held For the following reason: Court Order Hon. Elizabeth Dunigan, Presiding
  48. ndorsement on Motion to stay the proceedings upon stipulation regarding taking proceeds joint (#22.0): ALLOWED in part DENIED in part (see order )copies sent Nov 10,2022 Judge: Dunigan, Hon. Elizabeth
  49. RDER: On Joint Motion To Stay The Proceedings Upon Stipulation Regarding Taking Proceeds; The motion is ALLOWED in part , DENIED in part. This is the tenth joint motion to continue and or stay the proceedings. The parties are seeking a nine-month continuance. The request to continue the November 10,2022 hearing date is ALLOWED. The request for an August 3,2023 date is DENIED. The matter is continued for a Rule 16 conference on February 1,2023. No further continuances shall be allowed without an in-person hearing and status update. The parties should be prepared on February 1,2023 to discuss the status of this case as well the companion case, Plymouth Superior Court Docket 2183CV00234. The Temporary Restraining Order is hereby continued by agreement until February 1,2023 BY ORDER OF THE COURT copies sent Nov 10,2022 Judge: Dunigan, Hon. Elizabeth
  50. otice sent to parties about Rule 16 Conference scheduled for February 1,2023 at 2:00PM Civil A Session Brockton
  51. vent Result:: Rule 16 Conference scheduled on: 02/01/2023 02:00 PM Has been: Held as Scheduled Hon. Mark Gildea, Presiding
  52. ndorsement on Motion to stay the proceedings upon stipulation regarding taking proceedings(Order on Joint Motion) (#23.0): Other action taken February 1, 2023 - 2283CV00035, an eminent domain petition for assessment of damages involving the City of Brockton and the same parties in 183CV00234, was before me today on a Rule 16 conference. The court inquired as to possible consolidation of the actions. However, because neither the Cherys nor E-Z Cashing, LLC intend on contesting the damages paid pursuant to the pro tanto, the court stated it would not consolidate the matters, and suggested the Cherys consider dismissing 2283CV00035 upon agreement of the Cherys and E-Z Cashing, LLC for the continued holding of the pro tanto payment by the City, or another mutually agreeable person (the court noting that the interest that would accumulate might help with attorneys fees). The Joint Motion to Extend in 2183CV00234 is allowed to the extent that discovery is extended until March 31, 2023. Rule 56 motions are unlikely so the June 22, 2023 Pre-Trial Conference date shall remain on the schedule. Further Rule 16 in 2283CV00035 to be held on 3/30/23. Funds to be continued to be held by City by agreement.
  53. otice to Appear to appear Rule 16 Conference on 3/30/23 at 2:00pm in Civil A
  54. ttorney appearance On this date Erica Lynn Pereira, Esq. dismissed/withdrawn for Defendant City of Brockton
  55. ttorney appearance On this date Allison Cogliano, Esq. added as City / Town Counsel for Defendant City of Brockton
  56. vent Result:: Rule 16 Conference scheduled on: 03/30/2023 02:00 PM Has been: Held as Scheduled Hon. Mark Gildea, Presiding
  57. otice sent to parties about mediation hearing scheduled for April 21,2023 at 9:00am before Judge Gildea in Civil A Session
  58. vent Result:: Mediation Session (ADR) scheduled on: 04/21/2023 09:00 AM Has been: Rescheduled For the following reason: By Court prior to date Conrod Boone, Presiding
  59. vent Result:: Mediation Session (ADR) scheduled on: 05/19/2023 09:00 AM Has been: Held as Scheduled Comments: mediation held vis zoom Hon. Mark Gildea, Presiding
  60. RDER sent for Status Review, if notice is not received by 12/14/2023 the complaint will be dismissed.
  61. tatus review notice returned "Parties in companion case 2183CV0234 E-Z Cashing, Llc vs. Chery, Jean N. et al, have trial dates scheduled for May 24, 2024 and are currently in the 9A service process for E-Z Cashing's Summary Judgment Motion. The city of Brockton is not a party to that case. This case remains open to ensure takings proceeds are held in escrow pending resolution of the companion case. The Chery's and city of Brockton have agreed to an escrow agreement that would allow the funds to be moved to a Bank Account s Applies To: Chery, Jean N (Plaintiff); Chery, Jean Francois (Plaintiff); EZ Cashing, LLC (Defendant); City of Brockton (Defendant)
  62. efendant EZ Cashing, LLC's Motion to Release Funds
  63. laintiffs Jean N Chery, Jean Francois Chery's Response to E-Z Cashing LLC's Motion to Release Funds
  64. ertification Pursuant to Rule 9C Applies To: Precobb, Esq., John T (Attorney) on behalf of EZ Cashing, LLC (Defendant)
  65. ule 9A notice of filing
  66. ule 9A list of documents filed.
  67. vent Result:: Motion Hearing scheduled on: 03/27/2024 02:00 PM Has been: Held as Scheduled Hon. Michael A Cahillane, Presiding
  68. ndorsement on Motion to Release Funds (#29.0): ALLOWED by agreement subject to a signed escrow agreement. Judge: Cahillane, Hon. Michael A
  69. efendant EZ Cashing, LLC's EMERGENCY Motion to Enforce Order
  70. otice sent to all parties to appear for a Motion Hearing on 4/29/2024 at 2:00pm in CR4
  71. efendant EZ Cashing, LLC's Assented to Motion to continue hearing scheduled for 04/29/2024
  72. vent Result:: Motion Hearing scheduled on: 04/29/2024 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Conrod Boone, Presiding
  73. ndorsement on Motion to continue Hearing (#33.0): ALLOWED continued to 5/21/24 at 2:00pm in Civil B for Motion Hearing Judge: Sullivan, Hon. William F
  74. otice sent to all parties to appear for a Motion Hearing on 5/21/24 at 2:00pm in CR4
  75. efendant EZ Cashing, LLC's Assented to Motion to continue hearing
  76. vent Result:: Motion Hearing scheduled on: 05/21/2024 02:00 PM Has been: Not Held For the following reason: Request of Defendant Hon. Sharon Donatelle, Presiding
  77. ndorsement on Motion to Continue Hearing (#35.0): ALLOWED Hearing Continued to July 9,2024 at 2:00pm in A session Judge: Donatelle, Hon. Sharon
  78. otice sent to all parties to appear for a Motion Hearing on 7/9/2024 at 2:00pm in CR5
  79. efendant EZ Cashing, LLC's Assented to Motion to continue hearing
  80. ndorsement on Motion to continue hearing (#37.0): ALLOWED Judge: White, Jr., Hon. William M
  81. vent Result:: Motion Hearing scheduled on: 07/09/2024 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. William M White, Jr., Presiding
  82. efendant EZ Cashing, LLC's Assented to Motion to remove hearing from the list
  83. vent Result:: Motion Hearing scheduled on: 09/03/2024 02:00 PM Has been: Canceled For the following reason: Joint request of parties Hon. William M White, Jr., Presiding
  84. ndorsement on Motion to Remove Hearing From the List (#39.0): ALLOWED Judge: White, Jr., Hon. William M
  85. otice sent to all parties to appear for a Conference to Review Status on 11/7/2024 at 2:00 in CR5
  86. vent Result:: Conference to Review Status scheduled on: 11/07/2024 02:00 PM Has been: Canceled For the following reason: Case Settled Hon. William M White, Jr., Presiding

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